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Long story short. My brother and I are co trustees and both sole beneficiaries of our parents estate. My brother may not be available to sign something one day and said something about giving power of attorney to his wife. I understand that you can give power of atorney to someone for your own personal business. But can you, in effect make someone else your representative as a co trustee for an estate. I don't know the answer, but it seems off to me, as if one trustee is tying to rewrite a deceased persons wishes.
This is a matter of highly variable state law, but the general answer is yes. Once any executor has been formally appointed by the court, he or she can file a notice with the court to create a power-of-attorney. This is typically a pro forma matter, and it often occurs when a named executor lives on the east coast and the court of jurisdiction is on the west coast. But again, your local state laws on the matter will govern.
Long story short. My brother and I are co trustees and both sole beneficiaries of our parents estate. My brother may not be available to sign something one day and said something about giving power of attorney to his wife. I understand that you can give power of atorney to someone for your own personal business. But can you, in effect make someone else your representative as a co trustee for an estate. I don't know the answer, but it seems off to me, as if one trustee is tying to rewrite a deceased persons wishes.
If he is not personally available, he could sign a document before a Notary Public wherever he is, and FedEx the original to you overnight. Pls check with an attorney on this as it may be state specific.
It's probably not going to be an issue. I don't know if it matters, but we are both trustees. We can both sign the documents and we are both in the same area. I would have to check with my lawyer if I want to know for sure. What I meant by "rewrite", is that my father wanted his children to be in charge of the estate and no one else. If he wanted someone else to make decisions, then he would have put that in his trust. It will come down to what the state law is and what the trust says. I don't dislike the wife, but I don't like the idea of someone else being appointed to do the job that my father didn't appoint to do the job. If we could name someone else to do the job of the trustee, then I suppose I can to?
This is a matter of highly variable state law, but the general answer is yes. Once any executor has been formally appointed by the court, he or she can file a notice with the court to create a power-of-attorney. This is typically a pro forma matter, and it often occurs when a named executor lives on the east coast and the court of jurisdiction is on the west coast. But again, your local state laws on the matter will govern.
an executor wasn't appointed by the court. first, it's a trust, not a will. second, my father appointed 2 trustees, to act together. and third, because of these reasons, we wouldn't be going though courts, but it would (if even possible), be done by giving power of attorney to the wife.
Yes, if your state laws permit - you too can appoint a power of attorney.
The power of attorney would not become a defacto trustee of the estate, but simply would have the ability (if granted) to execute documents on behalf of you (or your brother) -- which could be estate documents, or personal taxes, or whatever..
If the power of attorney (your's or your brother's) did something in conflict with the estate documents ... you or your brother (as trustees) would be held accountable .. because the POA was acting in your stead.
So, don't appoint someone POA you don't trust.
Its pretty common if someone is frequently traveling (especially out of the country) -- so that the non-travelling spouse can sign things and keep whatever business is at hand on track.
Yes, if your state laws permit - you too can appoint a power of attorney.
The power of attorney would not become a defacto trustee of the estate, but simply would have the ability (if granted) to execute documents on behalf of you (or your brother) -- which could be estate documents, or personal taxes, or whatever..
If the power of attorney (your's or your brother's) did something in conflict with the estate documents ... you or your brother (as trustees) would be held accountable .. because the POA was acting in your stead.
So, don't appoint someone POA you don't trust.
Its pretty common if someone is frequently traveling (especially out of the country) -- so that the non-travelling spouse can sign things and keep whatever business is at hand on track.
i see. now if someone has PoA, then do they also have access to the trust bank account? do they have access to all of the property, such as real estate and cars. I mean physical access to the cars and real estate. can they write checks out of the bank account, just as myself and my brother now can? We are both on the account.
I'll explain what is irriating about this situation. My brother and I are co trustees and the only benefitiaries. So that means we are supposed to work together and come to agreement on everything. Many years ago, my parents asked me if I wanted to be the only trustee. They gave me the choice. I said, let my brother do that. A few years ago, my father changed it to both of us as trustees. It was fully my fathers choice. So my brother found out about it, after my fathers death and acted in a way that showed he didn't like that. (i didn't say a word, but lol) He also was PoA for my father for a couple years, but he was the only one living near him at the time. He was also a bit annoyed that the PoA didn't continue past death.
Another thing that I feel is inappropriate, is that my brother has said several times "my wife wants this or that to happen". And the wife pretty much has interjected herself in many decisions. It puzzles me as to why they think that is appropriate. I brought that up a couple times, but they seem to act as it things should revolve around them and don't get it. So that is why I would rather keep the wife out of it legally. They have been a bit disrespectful of the fact that it's supposed to be business between myself and brother, not myself and my sister in law. I don't believe that they will ever "get it", as it's just a part of their personalities.
like it or not, if your brother has say in the matter, then his wife has say in the matter. thats the exact reason why me and my younger brother want to take away any decision making power that my older brother would have.
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