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My husband is 24 years older than I am we have been together…

my husband is 24 years...
my husband is 24 years older than I am we have been together for 20 years and married for 4 years. He has an inheritance that is invested at ***** *****. He was changing the account from a single account to a joint account. We also have a Trust that I am the executor of and I have a durable power of attorney. I tried to have funds transferred from the account and our financial advisor informed me that a family member told him that my husband is incompetent. Since then I found out that it was his brother and the reason he did this was because he wanted to money to go to my stepsons. It has been a week now and ***** ***** is still holding the funds Is this something they can do?
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Answered in 2 days by:
3/7/2018
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 46,365
Experience: 30 years as Texas lawyer representing consumers
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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If they won't honor the POA your husband can transfer these funds to a joint account in person.Alternatively you can seek a guarrdianship if you think he is incompetent.

These are your options.Either take him with you or open guardianship through the courts.The issue here is that these are separate property but if you comingle them then you have a half interest as well because they become community property.

Since he is waiving his rights to half of them by doing this, the ***** ***** people are concerned he knows what he is doing here.If you believe he is competent take him with you to their office, if not you may have to open guardianship here.

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Guardianship

http://www.courts.ca.gov/selfhelp-guardianship.htm

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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