Legal Question in Wills and Trusts in New York
My Grandmother and grandfather signed for an irrevocable trust in new york on their home making their 3 children trustes. 1 year later my grandmother died. After she died we find out that my uncle talked my grandmother into liquidating her bank account to buy him a condo and made him power of attorney over my grandfather who is currently alive. We now are worried that he will ammend the trust on the home and take the other 2 siblings off since the power of attorney says he has full authority to make changes on trusts. Is that possible for him to ammend the trust?
2 Answers from Attorneys
Q. Is that possible for him to ammend the trust?
A. That would depend on the language in the trust. However, since you wrote that the trust is irrevocable, the short answer would be no.
Mike.
Not having seen either document I would only be guessing on a response. However, a POA dies with the Grantor, so the POA to your uncle seems to be no longer in effect, since your grandmother died. However, I do not know if anything was done prior to her death, or even what are the ramifications of the money she gave to your uncle while she was alive. An attorney should be consulted about all issues.
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