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Silly question. I am currently the trustee, beneficiary and…

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Hi, silly question. I...

Hi, silly question. I am currently the trustee, beneficiary and POA for my grandmother. We have no other relatives, as everyone has passed away. My grandmother saved a lot of money over the years for care. She is currently 88 years old in an Adult Family Home. I moved her from Florida a year ago today, due to her mental decline. Over the past year, she has significantly declined. Her care costs a fortune and I am almost out of the cash in bank, having only about 15 months left. However, there is a trust with over $100K, which I will need to access for care. This is a revocable trust. How do I do this in order to have continual care for my gma?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

She filed all paperwork in Florida. We live in Washington State

Lawyer's Assistant: What documents or supporting evidence do you have?

I have all the documents needed since I am her "everything" I have the POA, the trustee documents, and the revocable trust in the WILL

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just that I am nervous and anxious about this whole situation. I really thought my mom would be alive to handle all of this.

Submitted: 10 months ago.Category: Estate Law
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Answered in 1 minute by:
9/25/2017
Estate Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,810
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Estate Lawyer: Law Educator, Esq., Attorney replied 10 months ago

If you are the trustee and the trust is revocable, then as trustee you are allowed to follow the terms of the trust to make payments for all of her needs under the terms of the trust. You must keep a strict accounting of everything you spend from the trust, who you paid and how much and the reason for the payment, so you can prove proper expenditures in the event of any audit, which social services can require at any time, especially if you run out of funds and need to apply for medicaid assistance.

However, if the trust is for her care, then as trustee and PoA you have a legal duty and right to make those payments from the trust accounts.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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