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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34777
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have a friend in prison. s dad just died. When s dad's

Customer Question

I have a friend in prison. His dad just died. When his dad's estate is settled his sister refuses to put the money on his prison books. She said it will be put in a trust and he can have it when he is released. It is her power trip! Can the inmate give someone power of attorney and that person get the money out of the trust and put it on his books so he can use some of it before he is released?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to helpwith your situation or get you to someone who can.

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The sister has no legal authority to put the money into a trust if brother doesn't want it there. If sister is the executrix of the estate, then she has a legal duty to disburse the funds to him directly once the estate is settled. She doesn't get to play "mom" and decide where his inheritance goes.

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If she refuses to distribute the money to him directly, he can hire an attorney to file a "motion to compel distribution" and the judge will issue an order for her to do so and may hold her personally liable for his attorney fees in doing so.

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But giving someone a power of attorney wouldn't help because only a trustee can remove assets from a trust.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister