QUESTION
What can she do? She already has an attorney.
Asked on Feb 21st, 2013 on Estate Litigation - Utah
More details to this question:
About 4 months ago, my grandmother passed away. Me, my mom and my siblings have been taking care of her for years. Her last 2 years of life she lived at my home. Neither one of her other two daughters did anything for her. It was a miracle if they called her once a month. She has a trust and everything is suppose to be split equally. Yet, my aunt who is my grandmas oldest daughter is now power of attorney because of age. She is very jealous and taking everything out of my grandmas house. She has an attorney and is accusing my mom of things left and right. My mom has an attorney but she I worried she will not get any of the money from the estate even though she cared for her own mother for do many years. My mom recently got an attorney but, what can she do? Does my mom still have rights at her mothers house until it is sold or does only the power of attorney have rights? I am so confused and upset all of this is happening.
1 ANSWER
Civil Litigation Attorney serving Salt Lake City, UT
at
Kesselring Law, PLLC
Update Your Profile
I assume that you mean that the aunt is the trustee for the trust, not power of attorney. An agent's authority under a power of attorney automatically terminate at death. If she is the trustee, then her duties are governed both by the trust and by the Utah Uniform Trust Code. In some situations, a trustee can be removed for acting against the beneficiaries' interests. A person who cared for the deceased in her last days may be able to make a claim against the trust for compensation.
The answer to the question "what can she do?" depends very much on the facts of the situation. Assuming that your mother's attorney is competent and experienced in trust litigation, she is likely in good hands.
Answered on Feb 25th, 2013 at 12:28 PM