Legal Question in Wills and Trusts in Massachusetts

can one write a trust, using a power of attorney, which includes a category of heirs not listed in the original will? can the trust be produced for probate of an estate without submitting the will?


Asked on 3/01/14, 11:42 am

1 Answer from Attorneys

Generally, the answer is that an Attorney in Fact has an obligation to carry out the directions and intentions of the Principal. This means you cannot create a trust and fund it without the instruction of the Principal assuming the principal is of sound mind.

The short answer is NO! you cannot as an Attorney in Fact change the Estate Plan of the Principal to name new beneficiaries absent extraordinary circumstances.

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Answered on 3/01/14, 1:23 pm


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