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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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Does a "lifetime power of appointment" include "testamentary

Customer Question

Does a "lifetime power of appointment" include "testamentary power of appointment"? An individual H has lifetime limited POA to a group which includes his spouse W. If not exercised, the assets go to H's issue but not to spouse W. Can H appoint to W in his will?
Submitted: 2 months ago.
Category: Estate Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 2 months ago.

Yes H can appoint anyone he chooses as POA and his will and can appoint W in his will as well.He has he power to do this so that his wishes are carried out by the W.W may want to do a POA and will for H too if she wants him to manage her affairs if it were to become necessary.It is pretty common to have spouse carry out duties if needed for the benefit or the other spouse here in MA. It is not a problem if they both do wills and POAs where needed.This is good estate planning here under MA law.

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