QUESTION
Am I able to get a copy of my mother's will?
Asked on Apr 28th, 2021 on Elder Law - Virginia
More details to this question:
My sister is the POA of my incapacitated mother's estate. I received the finalized Revocable Living Trust my sister had created from my mother's Living Will. My mother was admitted into assisted living by my sister and her husband 2 years ago. I was the co-executor in the Living Will. My sister revised the position and her husband is now co-successor in the Living Trust. There is an added proviso in the Trust re gift money that is also in the Will but has been restricted in the Trust. My sister will not send to me the Living Will. She will not reply to questions and requests. Her manner has been bossy and rude. I'm w/o an attorney for my contested divorce because she halted all funds from my mother's quite large estate. My ex left me broke & i was receiving help from the estate to pay my attorney for over 2 yrs b4 she froze the estate weeks before the final pre-trial. Is she able to revise the status of the beneficiaries? She is the Trustee & the only beneficiary besides myself
1 ANSWER
2 Awards
There seems to be some confusion here.
First, authority under a PoA expires with the person who granted it.
Second, only your mother could have created a Revocable Living Trust affecting her property or named successor trustees (unless the trust document allows successor trustees to name their successors).
Third, a Living Will tells the doctors what your mother wants if she is near the end of life or in a permanent vegetative state.
Fourth, if by "Living Will," you meant "Will," that governs only property which was not conveyed to the trust before your mother died. There is no need to probate or share the Will with anyone if all the property was in the trust.
Fifth, beneficiaries often mistakenly think that money in a trust is their money. It is not. It belongs to the trust and can only be distributed according to the trust document.
Sixth, while many states require that the trustee provide an annual accounting to beneficiaries over a certain age, they do not usually require that the trust document itself be provided.
You may want money. The trustee is not obliged to give you any except in accordance with the trust document.
Answered on Apr 29th, 2021 at 5:42 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.