Legal Question in Wills and Trusts in Virginia
inheritance
Can an executor of a will
or p.o.a. be a benefactor of
thta will? If a trust is
involved from a father who
is still alive, for me,
can the above p.o.a. or
executor violate that trust?
It is an irrevocable trust.
Would there possibly be a
general inheritance after my
father dies? he has alzeimers
and I took care of him for
years.AS attorney's know,
familial selfishness when it
comes to money, only care for
their self insterests.I have
a northern Va.Estate Attorney
who is also my father's Estate
Attorney. Since my father has
this trust does it preclude
a Will? My daughter is P.O.A.
of my father's Trust, we have
relocated to southern Va.
my father and I. I have to
live as she sees fit.I am
a healthy sixty one, basically.
Shall I contact my Estate
Attorney about this?
I was an only 'child.' and
though I worked as a social
worker, received early Social
Security for Head INjury.
My daughter is an attorney
also. My father was a flag
officer in t he Army and
Attorney too.I am concerned that this status of being
told what to do and when
and where I must live, and under which very moderate
means I must live within,
from my daughter's dictates,
will be a never ending
situation.The DC area is my
home.
1 Answer from Attorneys
Re: inheritance
Although you have various attorneys within your family and who are involved with your situation in one form or another, I would suggest that you arrange for a consultation with an attorney from the outside who should be able to provide an objective view on your various issues and to advise you accordingly.
Both an executor as well as a person with POA can be benefactors under a will. The fact that your father has a trust would not preclude him from also having a will but if the trust addresses the same issues as would a will there would likely be no real reason for him to have one.