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  1. #1
    Join Date
    Jul 2015
    Posts
    8

    Default Non Trust Asset Moved into Trust by a Beneficiary with Power of Attorney

    My question involves estate planning in the state of: California

    My brother holds our mom's POA and is her co-trustee. For the last twelve years mom's social security check went into an account where both my brother and I had access and could pay her bills. This money has never been part of the Trust. Now mom has dementia and my brother closed that account and moved her money and her monthly receipts into an account named in the Trust which he alone has access and no one has oversight over his use of her money. Does the law permit him to move her non Trust assets into the Trust.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Non Trust Asset Moved into Trust

    a quick look at the statutes seems to show that a durable poa is required for when mom became mentally incapacitated. So, the first question is; is it a durable poa?

  3. #3
    Join Date
    Mar 2013
    Posts
    17,616

    Default Re: Non Trust Asset Moved into Trust

    Quote Quoting Dancer1629
    View Post
    Does the law permit him to move her non Trust assets into the Trust.

    Agree with JK. The POA itself could allow him to do it depending on the exact terms of the POA.

  4. #4
    Join Date
    Jul 2015
    Posts
    8

    Default Re: Non Trust Asset Moved into Trust

    yes, it's durable. Thank you.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,988

    Default Re: Non Trust Asset Moved into Trust

    Quote Quoting Dancer1629
    View Post
    My question involves estate planning in the state of: California

    My brother holds our mom's POA and is her co-trustee. For the last twelve years mom's social security check went into an account where both my brother and I had access and could pay her bills. This money has never been part of the Trust. Now mom has dementia and my brother closed that account and moved her money and her monthly receipts into an account named in the Trust which he alone has access and no one has oversight over his use of her money. Does the law permit him to move her non Trust assets into the Trust.
    To add to what the others said, there even be some wisdom in moving everything into the trust. Also, as trustee your brother has even greater fiduciary responsibility to handle the trust money properly than he would as just her POA.

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