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The estate is in a trust. All other siblings agree to omit one sib. Pour father created trust, my mom is cotrustee, however we have POA. Are we able to do this?Nothing in your post other than the title mentions a trust. What makes you think you have the right to cut out one of your siblings from any inheritance there may be?
Are your parents DEAD?The estate is in a trust. All other siblings agree to omit one sib. Pour father created trust, my mom is cotrustee, however we have POA. Are we able to do this?
Father yes, mother is incapacitated.Are your parents DEAD?
My sibs and myself will inherit property and some bank accounts.
We have 1 sibling that we would like to exclude from receiving anything. What do we have to do to see that happen?
The estate is in a trust. All other siblings agree to omit one sib. Pour father created trust, my mom is cotrustee, however we have POA. Are we able to do this?
Father yes, mother is incapacitated.
The estate is in a trust. All other siblings agree to omit one sib. Pour father created trust, my mom is cotrustee, however we have POA. Are we able to do this?
Regardless, using your POA for your own self-interest is a HUGE no-no.
The word "inherit" typically refers to a probate estate, but you titled the thread as relating to a trust. My guess is that you and your siblings are beneficiaries of a trust that owns (real?) property and bank accounts. But maybe you mean something else.
If you clarify the situation, we might have some further thoughts, but you likely can't.
You have a POA from whom that says what? If you're suggesting that your mother gave you a POA and that you might use that POA to act in your mother's capacity as "cotrustee" (which implies that there is another trustee) to modify the trust to exclude one of your siblings, that would absolutely not be legal.
I suggest your mother (and, if there is one, the other co-trustee) confer with a local trust attorney about their duties and obligations. If there is no other co-trustee and you believe your mother is not competent to serve as trustee, then you and your siblings should be conferring with legal counsel.
Regardless, using your POA for your own self-interest is a HUGE no-no.
Incapacitated in what regard? Also, if your father made the trust, then it likely became irrevocable and not subject to modification upon his death.
Thank each of you for your input, , I apologize for not being more detailed, and using the term "incapacitated", incompetent is the correct term.. Our father created the trust, making our mom CoTrustee, and then 2 sibs are Successor CoTrustees, whom hold POA. Our "bad apple" is a sib looking for a free ride, and the sib's significant other didn't work, they both are just waiting for mom to pass, so they can collect. Again, thank you guys for your answers!The word "inherit" typically refers to a probate estate, but you titled the thread as relating to a trust. My guess is that you and your siblings are beneficiaries of a trust that owns (real?) property and bank accounts. But maybe you mean something else.
If you clarify the situation, we might have some further thoughts, but you likely can't.
You have a POA from whom that says what? If you're suggesting that your mother gave you a POA and that you might use that POA to act in your mother's capacity as "cotrustee" (which implies that there is another trustee) to modify the trust to exclude one of your siblings, that would absolutely not be legal.
I suggest your mother (and, if there is one, the other co-trustee) confer with a local trust attorney about their duties and obligations. If there is no other co-trustee and you believe your mother is not competent to serve as trustee, then you and your siblings should be conferring with legal counsel.
Regardless, using your POA for your own self-interest is a HUGE no-no.
Incapacitated in what regard? Also, if your father made the trust, then it likely became irrevocable and not subject to modification upon his death.
And the other siblings are trying their damndest to find a way to go around the specific wishes of the folks who created the trust.Thank each of you for your input, , I apologize for not being more detailed, and using the term "incapacitated", incompetent is the correct term.. Our father created the trust, making our mom CoTrustee, and then 2 sibs are Successor CoTrustees, whom hold POA. Our "bad apple" is a sib looking for a free ride, and the sib's significant other didn't work, they both are just waiting for mom to pass, so they can collect. Again, thank you guys for your answers!
Correct, we wouldnt want drug users wasting our parent's money, that will be all of ours.And the other siblings are trying their damndest to find a way to go around the specific wishes of the folks who created the trust.
Neither I nor the law could give a flying fig about what YOU want. Follow the wishes of the folks who created the trust.Correct, we wouldnt want drug users wasting our parent's money, that will be all of ours.
Correct, we wouldnt want drug users wasting our parent's money, that will be all of ours.