Estate Law Questions? Ask an Estate Lawyer.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*
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Is the person the trustee of the trust?
That is fine. My wife's aunt has a power of attorney that is spending money from a family trust account without consulting anyone including my wife's aunt. Is that allowed by law. The power of attorney has refused to include any other family member in any decisions regarding expenditures.
I am not clear how a power of attorney is able to access a trust. Is your wife's aunt the trustee?
yes until her death. Upon her death my wife and another nephew become the truustees of the Trust and the will oher her aunt and uncle. Her uncle died about 8 years ago.
This is still not clear to me. Your wife's aunt was trustee of the trust and power of attorney or are you saying that a person acted on your wife's aunt's behalf in accessing the trust using a power of attorney
Yes the person who is the power of attorney (not her aunt) is accessing the account.
A power of attorney does not have a statutory authority to act as a successor trustee. Therefore unless a court or the trust itself specifically gives the person the power, the POA has been accessing the account illegally
This person also obtained the power of attorney without consulting any other family member prior to executing the power of attorney.
The person does not require family permission to obtain a power of attorney. That said, a power of attorney would typically not have the authority to act on behalf of the trustee
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