Legal Question in Wills and Trusts in Kentucky
POA vs Trustee
My mother recently died. My brother was her POA. He and I are co-trustees of her will/trust. We are her only children. At her death, does the POA continue, or does it end and the co-trusteeship kick in re: her life insurance, CDs, proceeds from the sale of her home which was sold several mos ago prior to her death to comply w/Kentucky Medicaid.
1 Answer from Attorneys
Re: POA vs Trustee
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.
A Power of Attorney ceases upon the death of the grantor. In the situation you describe, the co-trusteeship should control assets delivered into the trust prior to your mother's death. Several questions remain, involving the terms of your mother's will (if any), the disposition of any joint-survivorship property, and the precise terms of the original trust document.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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