A Family Trust was made in 1996, with a Power of Attorney. In 2006 a Durable Power of Attorney was made by a Norary Public, which one is valid?
3 Answers from Attorneys
There is no reason why they both cannot be valid (the Trust and the 2006 Durable Power of Attorney). The 2006 Durable Power of Attorney most likely revoked prior power of attorneys, but not the trust.
Has a conflict arisen? If the person with power of attorney starts to amend the trust, which affects your interest you may want judicial intervention. Contact me directly.
Unless there is specific language in the second POA that revokes the first, they both could be valid. From what you are saying, it is not even clear that there is a conflict between the two.
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.
Related Questions & Answers
What is the criteria that will get a judge to grant a petition to have a trustee... Asked 2/09/10, 2:21 pm in United States California Probate, Trusts, Wills & Estates
My father died 2/3/10. He was 89. My mother told me that he had no will and that she... Asked 2/09/10, 11:14 am in United States California Probate, Trusts, Wills & Estates
My mother died with a living trust naming my brother and sister as executors, how do... Asked 2/09/10, 6:28 am in United States California Probate, Trusts, Wills & Estates
I am married with 3 children. My husband has 1 child from a previous relationship.... Asked 2/08/10, 9:58 pm in United States California Probate, Trusts, Wills & Estates
How do you begin to write an objection to guardianship? Asked 2/07/10, 6:25 pm in United States California Probate, Trusts, Wills & Estates