What to do if there is a living Trust in which a condition was made that the son could not claim his 1/3 of the estate until he paroled from prison?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if there is a living Trust in which a condition was made that the son could not claim his 1/3 of the estate until he paroled from prison?

Can he sign over complete power of attorney to his daughter? Would she then be able to legally claim his share of the estate?

Asked on October 1, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a trust with a provision within it stating that a beneficiary cannot receive his "gift" from the trust estate, then the trustee under the trust as designated ordinarily maintains, manages and safeguards the "gift" until the beneficiary as designated is paroled from prison.

In essence the terms of the trust control with respect to any distribution of the trust's assets to the person who has been convicted of a crime.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption