Posted by John T on May 01, 2015 at 19:28:17 from (216.249.74.3):
In Reply to: Is this legal? posted by Geo-TH,In on May 01, 2015 at 14:31:28:
George, you gave more info since my first post so based on that I can provide at least some other opinions:
1) "Dad was trustee of his trust. Daughter and son were not listed as co-trustees and no place in trust does it mention POA."
If the Trust didn't place a limitation on a subsequent POA assignment and iffffffffffffff the POA said the right things, the POA could indeed have some authority as to trust property. ID HAVE TO READ BOTH THE TRUST AND POA TO SAY MORE. No one, lay or even a professional can answer it further not having read the trust and POA.
2) All the fishy business was done while dad was alive and unable to go to bank. Bank where checking account said there was no trust, yet a paper they gave stated it was a trust. Sounds like bank doesn't want to be blamed.
The checking either was or was not placed in the Trust (cant have it both ways) I cant say without seeing the bank documents and the trust. However even if it was the POA could have gave the daughter authority (have to see POA) and even if it wasn't in the trust the POA could still have given the POA authority to deal with non trust checking (have to see POA)
HOWEVER despite all this the law imposes strict duties on a fiduciary meaning the daughter could still be guilty even if the POA gave her authority, she has to act in the best interest of the principal and if not or she was involved in self dealing she can still be guilty.
Talk to a Lawyer and he has to see the trust and POA to provide help. No one here can not having seen the POA and trust.
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