Legal Question in Wills and Trusts in New York
When a POA transfers property into a ITF prior to death for their own benefit. This money was to be inheritance. Is this legal?
Asked on 2/24/12, 12:22 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
It may or may not be. Depends on all facts involved.
Answered on 2/24/12, 12:35 pm
Walter LeVine
Walter D. LeVine, Esq.
I agree with David. More facts are required, such as: Did maker of the POA authorize this? How was the property registered before the transfer? Does the POA allow the holder to make gifts of property he/she supervises and, if so, to whom and under what circumstances or provisions? There may be other facts that need to be explored before a complete response is provided.
Answered on 2/24/12, 12:44 pm
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