If I am a beneficiary of my parents’ Trust, can I appoint a POA to deal with the Trustee?

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If I am a beneficiary of my parents’ Trust, can I appoint a POA to deal with the Trustee?

My sister is the Successor Trustee. Since dealing with her is difficult in good circumstances, I would like to give my husband POA to act on my behalf in an attempt to avoid even greater difficultly at this sad time. The POA would be specific to this event. The Trust is split 50/50 with my sister. The estimated worth of the estate including cash, home, household furnishings is somewhere between 600K-700K.

Asked on November 17, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Yes, generally speaking you can give your Husband a POA to deal with this specifically or to deal generally with certain matters.  If the Trust involves real property then you may need to be specific on the transfer, etc., so as to protect everyone involved.  Good luck.


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