Legal Question in Wills and Trusts in California

Is it prudent to name someone to have power of attorney and be the trustee of the estate when there are two other children involvedl


Asked on 2/22/11, 8:24 am

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

I'm not sure whether you need a lawyer or a writing teacher.

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Answered on 2/22/11, 8:52 am
Chris Johnson Christopher B. Johnson, Attorney at Law

I'm not sure what you're asking, but if it's whether naming someone as agent under a power of attorney, and trustee of the trust, while not naming two other children of the trust-maker, is a good idea, I'd say it depends on the circumstances. It's common to name sole trustees, and things generally work just fine if that person is responsible and communicates well with the beneficiaries. Co-trustees can work and share the burden, but only if they work well together.

If there are no alternate agents or trustees named, the trust-maker should add some in case the first person named is unable to act when the time comes.

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Answered on 2/22/11, 9:41 am
Eliz. C. A. Johnson Eliz. C. A. Johnson

There is not enough information to properly answer your question. When there are children, you need to take steps to protect them so a POA and Trust are smart for that too but you don't say the age of your children. If they are adults, but you do not think they are responsible enough to be the Agent, then don't name them. Just because they are your children does not make the the proper person to name. If they are minors, a guardian should be nominated as well. Again, not enough in your short question to answer.

Eliz.

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Answered on 2/22/11, 11:16 am


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