What to do if there is a living Trust in which a condition was made that the son could not claim his 1/3 of the estate until he paroled from prison?

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What to do if there is a living Trust in which a condition was made that the son could not claim his 1/3 of the estate until he paroled from prison?

Can he sign over complete power of attorney to his daughter? Would she then be able to legally claim his share of the estate?

Asked on October 1, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there is a trust with a provision within it stating that a beneficiary cannot receive his "gift" from the trust estate, then the trustee under the trust as designated ordinarily maintains, manages and safeguards the "gift" until the beneficiary as designated is paroled from prison.

In essence the terms of the trust control with respect to any distribution of the trust's assets to the person who has been convicted of a crime.


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