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.


Asked on 8/20/06, 5:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 8/21/06, 9:23 am


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