In my will and trust, my daughter is named as trustee and beneficiary. if I become incapable of paying my bills, will she be able to pay my bills with my checking account?
2 Answers from Attorneys
Is the checking account in the name of the trust? If not, no your daughter, as trustee could not gain access to the account.
However, if you sign a durable power of attorney granting to your daughter the power to access your bank accounts due to your incapacity, then, yes, she could access your account.
It seems to me that you should contact a local estate planning attorney to review your current estate documents and to draft additional important documents.
your estate planning documents should be reviewed by a qualified attorney for any changes needed to address the issue or updates which may be otherwise needed.