What will happen if my mom passed away last year and comingled funds with her 12 year jerk of a husband?

About 22 years ago, In 1997, my father passed away at age 65. His death certificate from mesothelioma, not asbestos or cancer from asbestos. My mom was in the top tier of all the lawsuits. My father was a long-time Federal employee who was placed into 3 hazardous situations by his employer and subjected to asbestos exposure for many years. Any way, my mom remarried almost 13 years ago. Her new husband had a $20,000 CD or the like and income of about $1,100/month. Even so, as she said something along the lines of if you want a

Asked on January 10, 2019 under Estate Planning, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) A power of attorney becomes void when the person granting it died, so the POA would not let him change the trust.
2) As to whether the trust is otherwise still in effect, or what can be done with its assets, by whom--that depends on the terms of the trust. Trusts are governed by the instructions in the documents creating them, so without knowing more, we cannot offer any opinion about the trust.
3) If money was comingled in joint bank or investment accounts, when your mother died, it became his as th surviving joint owner of the account. It belongs to him, and he can do with it as he likes. You would have no right to it unless he chooses to give or leave something to you. By cominging funds with her spouse, your mother took you of the picture and effectively gave the funds to him.


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