Legal Question in Wills and Trusts in California

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?

Asked on 9/05/12, 3:31 pm

2 Answers from Attorneys

Scott Jordan Dunning Law Firm
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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.

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Answered on 9/05/12, 3:58 pm
Donald Field Donald L. Field, Jr., Attorney at Law
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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.

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Answered on 9/08/12, 12:06 pm

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