Legal Question in Wills and Trusts in California

Re: No Will

First, revocation of a POA does not revoke a living trust. Second, unless her assets were actually held in the name of the trust, the trust has no effect. Third, most people that draft living trust documents also prepare a pour over will that wills any property not in the trust to the trustee of the trust who must distribute the assets in accordance with the testamentary plan as set out in the will.

When you say, POA, I don't know if that is a Durable power or not. If yes, mother's revocation is probably not legal or effective. If no, it is automatically invalid when mom's becomes incompetent due her dementia.

The $50,000 may have to go through probate. Without knowing more, no one can advise you who gets what.

Re: No Will

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that it depends on whether or not there was a valid trust, or a will prepared in conjunction with the trust, as well as who the heirs are that might have a claim to this estate. It is not true, as my colleague Mr. Roth stated, that revoking a power of attorney revokes a

living revocable trust - that is not true at all.

I hope this helps. If you do have other questions with more detail, feel that you need legal representation, or want legal advice, please feel free to email me directly at rmiller[at]expertlawfirm.com. It's my pleasure to help in any way that I can. Thank you.