QUESTION

my mother die and she has a brother who was adopted who is trying to take everything just because she live in texas my mother is blood daugther

Asked on Jun 18th, 2014 on Trusts and Estates - California
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He has power attorney, but the trust say divide everything
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1 ANSWER

Taxation Attorney serving Santa Monica, CA at Lyster, Inc.
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Since your mother died in Texas as a Texas resident, Texas law will apply.  You may want to ask this question of a Texas lawyer. In California (and perhaps in all states) adopted persons are treated exactly the same as natural born children.  Also, powers of attorney die with the person giving the power, so your uncle no longer has the power granted to him under that power of attorney.  The trust governs how assets held in trust are to be distributed - so whoever is the successor trustee must "divide everything" as provided in the trust.
Answered on Jun 19th, 2014 at 6:48 PM

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