our father had a family trust/will, and living will set up.

The power of attorney ended upon the death of her mother, she no longer has any power of attorney, or the ability to pay bills on her mother's accounts unless her name is XXXXX XXXXX accounts as well. Once a POA ends, the Will comes into play and the Executor takes over. She will not be allowed any more access to the bank accounts unless her name is XXXXX XXXXX However, that doesn't mean she didn't have the ability to move the money while your StepMother was alive. The POA is a very very powerful document and it has been abused more than once in similar situations.

I do not know exactly why the 45 days, but I always advise that no bills get paid except those that are required to keep up a residence (utilities, mortgage, etc.). This is because the Estate is responsible for hospital bills, credit card bills, and other debt that was incurred by the decedent. The beneficiaries do not pay these, so the Executor needs to wait and collect bills as they come in so you can determine what is owed. The attorney is probably saying 45 days so that all bills that come in monthly would have arrived by then. Known creditors must be given a Notice to Creditors during the Probate process so they can make a claim if they need too.

You will not be able to attend the meeting if the daughter is not going to allow it, as she is seeking legal counsel and the attorney-client privilege is there. However, I strongly urge you to seek a Probate attorney for yourself and any other direct beneficiaries of your Father. The Probate attorney can only represent the Executor or Personal Representative, they do not represent the beneficiaries. You may need your own attorney who is looking out for your best interests.

The daughter as POA could have changed the statement address, or even moved the money. It also could be that the investment financial planner moved the money, if she gave you that answer at least she knew it was being tampered with. Unfortunately you don't know what the daughter or other's put in the mind of your StepMom.

I urge you to seek counsel, the daughter can be made to account for her actions as POA, and if she does become Executor you need to have your interests protected.

You should hire a California Probate lawyer. Yes, I believe the attorney that drew up your Father's trust and Will is under an obligation to tell you the status of his affairs based on StepMom's passing. He should send what he has unless he feels there is some conflict with the daughter. He would have to explain that to you if that is the case.

If she is on the checking account chances are she has all access to the money right now.

Feel free to contact me again, just put "to VanDLaw in the subject" and it will get to me, or you can request me.

Hi I didn't receive a notification that you were still asking a question. Sorry about that!

The settlor is the person who wrote the Trust. Typically, the Grantor/Settlor writes a Trust names beneficiaries, the beneficiaries cannot just change that. However, if the Grantor/Settlor made a provision that his Wife could change the provisions and beneficiaries then she could. I find that very strange that he would put that in there, it is most uncommon, and does exactly what it appears your Father was trying to avoid.

Can you get a copy of the old Trust prior to 2003? I think you mentioned you could not.

To be honest with you I would still consult a Trust attorney and tell them what has gone on, it can't hurt. This doesn't sound right to me. Rachel could change a Will, that much is true but changing your Father's Trust is another story. If it turned out that she was the beneficiary of the Trust, got everything, and then changed it you may be right, and you are out of everything. Its just not normal that someone who is trying to protect children from a previous relationship, would leave that up to the stepparent to be able to change.

Don't give up on all lawyers yet!

The original attorney typically retains a copy in their files, but unless specifically requested to do so they may not. I find it very strange that the new attorney thinks she can rewrite a Trust when she doesn't have the original.

You should have had a copy, but that is really all water under the bridge so don't beat yourself up about it, it is what it is now.

There is just no way to get a copy of a Trust if the original attorney doesn' t have it, Trust's are not public documents.

Once again, this does not sound right. Maybe if you had and attorney contact the attorney you would get some more answers.

It could be that the new attorney drew up a Trust for Rachel, not knowing there was an original Trust and is now just covering or stalling until she can get the facts.

The Will and Trust must be Probated, most of the proceedings are public record. The Will is a public record, meaning you can request a copy from the Clerk of Court. The Trust however,is not public. You will have to see what comes from the "new" attorney.

I really don't know how much it would cost, because you don't know what the attorney is going to tell you. If they tell you you are out of luck, it won't cost much. If you they tell you you have a Will contest on your hands, it could be quite costly. Those questions you need to discuss with the attorney. And again, I urge you to speak with one who is familiar with the Trust laws in your State (or the State Rachel drew the Trust up in).

A minor amendment is not changing beneficiaries, that is a major change to a Trust. If this new attorney is going to send you something that would be helpful. I would not wait more than a week for the attorney to send you something.