If a living Trust is done by you parents and one parent dies but one sibling gets a power on attorney, can the sibling change the Trust?

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If a living Trust is done by you parents and one parent dies but one sibling gets a power on attorney, can the sibling change the Trust?

This sibling is 3rd out of 3 as executor of the Trust.

Asked on January 24, 2014 under Estate Planning, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First, the term for trusts is trustee. Executors exist only in the realm of wills. Once one parent dies in a trust naming both parents, it essentially becomes irrevocable. The power of attorney is moot and irrelevant at this point. The first trustee in line has power over that trust.  If that is the parent and the parent is determined to be incompetent, then the second person in line is the trustee.


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