Can a trustee and power of attorney also be a beneficiary?
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Can a trustee and power of attorney also be a beneficiary?
My brother is trustee and POA in charge of all my mothers financial dealings, as well as a beneficiary. This seems to be a conflict of interest. It has been over 3 months a since her death and my mother’s house is still untouched by anyone but himself. He has changed the locks so we cannot enter and he is not communicating with the other 4 beneficiaries. What can we do?
Asked on April 12, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the situation as it stands. First a POA dies with the person for whom it is put in to place. So that no longer exists. Is the house part of the trust? I ask becuase if it is and was transferred prior to her death and he was appointed as trustee then he is technically in charge. If he is not acting properly could he br breaching his fiduciary duty? Maybe and you should speak with an attorney about his actions. You can ask to have him removed. Good luck.
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