Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

A friend of mine is in the early stages of dementia. She is…

A friend of mine is...
A friend of mine is in the early stages of dementia. She is currently trustee of her deceased father's trust and executor of his will. The trust designates someone else to serve as trustee if she is "unable or unwilling to act". The trust also allows her to appoint someone with power of attorney to exercise all the powers of the trustee. Can she grant me power of attorney? I believe she is competent to make this decision as to power of attorney but she will soon not be in a position to reliably perform full powers of the trustee (managing financial assets, negotiating sale of life estate etc and handling complex family negotiations.)
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
1/19/2018
Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,484
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive estate planning and administration experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: You would have to refer to the specific language of the trust. If the trust designates a specific individual(s) as the successor trustee to your friend, then that person would and should be the person that assumes the responsibilities of the trustee/executor. However, if the documents do not designate a specific individual and grant the current trustee the power to designate an individual to assume their responsibilities, then your friend may designate you as attorney-in-fact to act on her behalf.

If that is the course that you both take, then you need to make sure to do this as soon as possible and to have an attorney assist in this matter. You do not want there to be any claims of contesting the power of attorney due to your friends possible incapacity.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Ask Your Own Estate Law Question
Customer reply replied 6 months ago
My friend, S, is designated the Successor Trustee to her father and became trustee on his death. The document says "Should S be unable or unwilling to act, J shall act as Trustee in her place." This could be interpreted to mean, if she is unable to assume the duties at the time of the father's death. It does not expressly designate J as successor trustee to S. Would that change the answer?
Customer reply replied 6 months ago
Are you able to answer my follow up?

Typing now.

Ask Your Own Estate Law Question

No, it does not change the answer.

Although it does not state an explicit time for determine whether the "unable or unwilling to act" language, this language is understood to mean that if at any time the trustee is unable or unwilling, not just at the time of appointment.

Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,484
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 months ago
Okay--so the risk there is that if she does give me power of attorney, J could challenge that she was "unable or unwilling" and that he is now trustee, correct? Can he consent or waive or acknowledge that he does not challenge the power of attorney?
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 1,867
Experience: Fully licensed attorney in Texas in private practice.
Verified
Phone call session started

Yes, that is correct.

J can sign the power of attorney and acknowledge acceptance of the document.

Ask Your Own Estate Law Question

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,484
1,484 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
Can my sister, the trustee and executor of the trust change
Can my sister, the trustee and executor of the trust change the beneficiaries or terms of the trust? Also, if my father is declared mentally incompetent does my mother automatically manage the trust o… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,197 satisfied customers
Ray, California - If you think you need to write a will ASAP
Hi Ray, California -If you think you need to write a will ASAP because you're terminally ill, do you know the fastest way and how fast that is? What are the steps?Thank you so much!… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Does it require a lawyer to to change an executor of a
does it require a lawyer to to change an executor of a deceased persons estate? my step dad is my aunts (deceased) executor, and is in his 80's, he doesn't want to be responsible anymore, and wants hi… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
We are having a family dispute over executor rights and
We are having a family dispute over executor rights and responsibilities after the death of both parents. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,522 satisfied customers
My father had a trust, he never wanted 'us' to go thru proba
My father had a trust, he never wanted 'us' to go thru probate. My father's oldest & dearest friend was named by him as executor. For a myriad of reasons (mainly grief, age (80 & still teaching univer… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
A healthcare proxy was invoked mother. No details were
A healthcare proxy was invoked for my mother. No details were provided in writing but the doctor claimed it was because she had dementia. My sister has the HCP and I have the Power of Attorney. The PO… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
I was named as one of three executors of a will and a Florida
I was named as one of three executors of a will and a Florida Foundation and I was to become active if either one of the two ahead of me die. I now find out that the lawyer who was hired to settle the… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
The present trustee of an irrevokable trust is getting old. The successor trustee has dec
The present trustee of an irrevokable trust is getting old. The successor trustee has decided he doesn't want the job. How is that handled? How and who names a new auccessor trustee? Or should it wait… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
In Colorado if there is a power of attorney has been given
In Colorado if there is a power of attorney has been given to a non family member, and the person that made the poa dies, does the grandchildren of the decease have a right to see the will and how wou… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,867 satisfied customers
My brother in law is dying of brain cancer in a few days. He
My brother in law is dying of brain cancer in a few days. He has an employer paid life insurance policy for $30,000. His daughter lives in Maine and he resides in California. He has no trust. He HAS N… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Our deceased aunt had an IRA with Fidelity that had no designated
Our deceased aunt had an IRA with Fidelity that had no designated beneficiary. My wife is the executor and successor Trustee of the deceased aunt's Trust. The aunt also had a Pour Over Will that trans… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
i am applying for conservatorship of my father;s estate/ we
i am applying for conservatorship of my father;s estate/ we moved to my home in CA. he has dementia. I am already conservator or person. and mom my just died. anyway,his assets are in Wisc. my hearing… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
Im in Illinois and wish to make my own will to save attorneys
I'm in Illinois and wish to make my own will to save attorney's fees. Where do I find Illinois law about wills so that I do it correctly?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Ive assumed durable power of attorney for our mother (MA)
I've assumed durable power of attorney for our mother (MA) and am also her health care proxy. She's been declared incompetent by her physician (alzheimers). She has a Revocable Living Trust that inclu… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
In 2008 a widow established a trust naming her daughter as
In 2008 a widow established a trust naming her daughter as executor of the trust. In October of 2009 the widow executed a “Durable Power of Attorney” naming her son as executor. Who has control of the… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
Can I probate an estate worth under 100K with no real property.
Can I probate an estate worth under 100K with no real property. All assets are in trust with the exception of maybe 50K in bank accounts. I know it's not necessary but a power of appointment under a t… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My wife passed away 8 yrs ago and she had brought her parents
My wife passed away 8 yrs ago and she had brought her parents to Ca. to live. After she died, her father died and I was left to take care of her mom. I had to set up a living trust account to take car… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
What is an executor of a trusts role How does it differ
What is an executor of a trust's role? How does it differ from a power of an attorney? I have sole power of attorney - Do I have the right to put my mother's home up for sale in order to pay for her c… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x