Does a Trustee who is also Power of Attorney of my father’s estate have the right to deny me as beneficiary use of items in the trust?

Such as my father’s vehicle and cottage home which is vacant?

Asked on September 15, 2012 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  First, a Pwoer of Attorney dies with the person fr whom it is encated.  So the POA over your Father's estate, as you claim, is no longer in effect.  If there is no estate per se because of the trust then he is only the trusee.  Now, the terms of the Trust will govern how he can act but he has a lot of power.  He can not be unreasonable is you are the beneficiary.  I would take the document to an attorney to review.  Good luck. 

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