Legal Question in Wills and Trusts in Washington
Living trust
My mom got remarried late in life
with a prenuptial agreement . They
both have a living trust of their
own. They also have a living trust for
the the assets they have acquired
together.
My mom started showing signs of
dementia in the early 2002- 2003
time frame .In 2006 her husband got
power of attorney and then made
himself co truesee on her personal
living trust. Is that a conflict of
interest ? Upon my mom's eventual
death will he be able to retain that
trustee position and make decisions
regarding her assets or will the
executor of the estate take over.
1 Answer from Attorneys
Re: Living trust
It is very common for spouses to have each others power of attorney as against just the set of circumstances you describe. You say that in 2006 your mother's husband got power of attorney, what actually happened was your mother gave her husband power of attorney. The question that has to be asked is: Was she competent at the time she gave the power of attorney?
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