Legal Question in Wills and Trusts in Georgia
My grandmother jussed passed away. She left me some money and my sister is Power of Attorney. She's put it in a trust fund where I cant touch it. Is this legall?
2 Answers from Attorneys
A power of attorney dies when the person dies. You didn't say if there was a will or what was left to you or who the executor is so I can't respond further.
Power of attorney ends at death and is irrelevant to the disposition of estate assets. If your grandmother set up a trust, then this means that she either set up a testamentary or revocable living trust. However, your sister cannot set up a trust fund. Her only duty, upon learning of your grandmother's death, is to turn over the property to the trustee or personal representative of your grandmother's estate and to account for any money distributed in your grandmother's lifetime.
If your sister is also the trustee or personal representative, she still cannot set up a trust unless you are some kind of a minor (under age 18).
Of course a trust is legal. The question is whether it was valid and I or any other attorney would need to see the document in order to answer that question. I assume that a valid trust exists. Therefore, you would have to contact the trustee (read the will or trust document) and see what it says to see whether what was done is proper or not.
If you are confused, then I suggest that you pay a probate/estates/trust attorney who lived in the county/state where your grandmother resided at the time of her death to review the documents for you. I will do it for a reasonable fee. Please contact me at [email protected] if interested.
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