Legal Question in Wills and Trusts in California

Trusts

My husband and I want to put our dgt. on our checking account and the bank says we have to make her our POA of our Trust. I s this correct?


Asked on 6/15/09, 12:35 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Trusts

You can also add her as a joint tenant at most banks, but because that would make her a co-owner of your account, it's probably better to give her a power of attorney instead. If the bank has a POA form, it's probably easiest to use that--otherwise, you can use a general purpose one.

If the account is held in your trust, you may need to make her a co-trustee with you or a successor trustee for her to have access to the account on your behalf.

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Answered on 6/15/09, 12:57 pm
Michele Cusack Pollak & Cusack

Re: Trusts

It sounds like this is an account which you hold in your name as Trustees. If so, you will need to either amend the trust to add your daughter as a Co-Trustee and to give Co-Trustees limited delegation power and the power to establish accounts which will accept the signature of one Co-Trustee, or to execute powers of attorney specifically authorizing your daughter to act on your behalf as Trustees. In the latter case, depending on your current trust document, you may also need to amend to authorize limited delegation of Trustee powers to an attorney in fact.

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Answered on 6/15/09, 1:56 pm


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