Legal Question in Wills and Trusts in New York
power of attorney and trusts
I belive one of my aunts was given power of attorney for my incapacitated grandmother. Upon her death I come to find out that a trust has been established which excludes myself, the son of a predeceased daughter. It is my belief that my grandmother's wishes were that I recieve my mothers share.
If one of my aunts had power of attorney, would they have been able to establish a trust?
2 Answers from Attorneys
Re: power of attorney and trusts
My condolences on your loss.
Regarding your question, this is not as unusual as you may believe. A POA can give extensive powers to the holder and creating a trust in the interest of 'estate planning' is usually well within the authority of the holder.
This can be contested, but you will need some firm statements that your grandmother wanted your mother's children to participate in her estate from reliable persons.
Ask to speak with the lawyer who set up the trust and some of the nurses as well as your grandmother's long-time friends. People who visited her in her illness. If there is evidence that you were an intended benefiary, then it might be worthwhile pursuing further.
Re: power of attorney and trusts
It depends on what the power of attorney says. If it is a general power of attorney, your Aunt would be able to establish a trust. However, depending on the age of the Grandmother, her physical condition, mental health, and how long before her death the trust was established, you may have grounds to vacate the trust.
Mike.
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