Legal Question in Wills and Trusts in Texas

My mother passed away suddenly. She left instructions for her estate in an "irrevocable Family Trust" . Her estate was to be divided equally among the 11 trustees (her 11 children). Can the trustees elect one trustee to serve as the executor of the estate (and grant him power of attorney) ?


Asked on 1/13/10, 11:28 am

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

The trust should provide authority for someone to take action. Trusts are used to eliminate the necessity of probate. Whoever prepared the trust should be able to answer your questions. My condolences on the loss of your mother.

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Answered on 1/18/10, 11:32 am

Not exactly. The trust should set out the identity of the trustee. The trustee would control the trust. If there is property that isn't in the trust, then you will need to probate her will (typically called a 'pour over' will because it will capture any property that your mother didn't title to the trust and 'pour it over' into the trust.) For this, there will be an executor, whose sole job is to follow the will's instruction (transfer property over to the trust).

You cannot, under any circumstances, obtain a power of attorney for a person who is deceased.

Dave

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Please see my disclaimer:

http://leonlaw.com/askalawyer/disclaimer

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Answered on 1/18/10, 11:50 am
Keith Engelke Law Office of S. Keith Engelke

Any trust with 11 trustees is complex enough to justify review by a lawyer.

Regarding the power of attorney, some trustee duties cannot be delegated. Generally these are the decision making ones. You need to have an attorney review the documents to advise you.

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Answered on 1/18/10, 6:16 pm


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