inzanezanster
Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA
parents set up ab trust 15 years ago. mom died and trust was split into ab...funded and properly maintained, invested, taxes etc. brother and i were named co-poa for health and finance and co-successor trustees. my sister as back up should one of us vacate. my brother died..which moved my sister in with me as "co". a long lost aunt from pennsylvania who has a history of appearing at old people's places and ending up in their wills, etc. came to my dad's home after brother died. unknown to us she got him to sign a poa for finances. he had begun to have memory problems. unknown to us she sold his house. the house was in the b trust created when my mom died and is not revocable. my father had used up most of the a trust assets and would be needing to use trust b money at some point. she sold the house and took the money (1.3 million dollars) and put it in her personal bank in pennsylvania unknown to us. we found al this out...my dad said he never made her poa and did not know anythintg about house sale. he said that money should be in the trust.
i confronted her...she said she would resign as poa and return the money (which was now down to 500,000)..then she got a lawyer and refused to return the money.
i had my dad sign a revocation of her poa and a new poa reinstating us. i sent it to the bank in pa. she told them our poa was fake. we sent the trust showing we were succcessor trustees, etc. the bank froze the account and said they would not do anythng until they received a court order.
she then petitioned the court to assign a conservator to my dad for finance. her attorney told the court in an ex parte that a conservator was needed to get the money back to californa...it was in a non fdic covered state and not invested. i said the money belongs in the trust account where it came from and no conservator is needed. i said my dad is mentally unable to hanlde finances now due to short term memory loss. the judge ignored me. he ordered the public guardian to get money back to ca using a temporary conservatorship. the judge ordered both aunt and our poa negated. the money was returned. now there is a hearing for the temp conservatorship to become permanent. my dad does not want this or need it; the trust should cover everthing and the poa we had and my sister and i should handle things as my parent's intended. my ssiter and i are sole beneficiaries of the trust, the aunt's attny says we will take the money ior mismanage it if we are in charge of it.
we do not have an attorney...the hearing is tomorrow. i know you will say we shoud have an attorney...but we dont so don't give that as your answer please.
my question is ...doesn't the money belong in the ab trust...b trust and doesn't my sister and i have right to manage it according to parent's trust and poa? oh,....when the judge ordered a temp conservator he told them to out the money in a Totten trust. i do not see how that can haoppen. but of course the judge did not listen...spent two minutes on it and we were done....standing there dumbfounded and no chance to be heard.What is the name of your state (only U.S. law)?
parents set up ab trust 15 years ago. mom died and trust was split into ab...funded and properly maintained, invested, taxes etc. brother and i were named co-poa for health and finance and co-successor trustees. my sister as back up should one of us vacate. my brother died..which moved my sister in with me as "co". a long lost aunt from pennsylvania who has a history of appearing at old people's places and ending up in their wills, etc. came to my dad's home after brother died. unknown to us she got him to sign a poa for finances. he had begun to have memory problems. unknown to us she sold his house. the house was in the b trust created when my mom died and is not revocable. my father had used up most of the a trust assets and would be needing to use trust b money at some point. she sold the house and took the money (1.3 million dollars) and put it in her personal bank in pennsylvania unknown to us. we found al this out...my dad said he never made her poa and did not know anythintg about house sale. he said that money should be in the trust.
i confronted her...she said she would resign as poa and return the money (which was now down to 500,000)..then she got a lawyer and refused to return the money.
i had my dad sign a revocation of her poa and a new poa reinstating us. i sent it to the bank in pa. she told them our poa was fake. we sent the trust showing we were succcessor trustees, etc. the bank froze the account and said they would not do anythng until they received a court order.
she then petitioned the court to assign a conservator to my dad for finance. her attorney told the court in an ex parte that a conservator was needed to get the money back to californa...it was in a non fdic covered state and not invested. i said the money belongs in the trust account where it came from and no conservator is needed. i said my dad is mentally unable to hanlde finances now due to short term memory loss. the judge ignored me. he ordered the public guardian to get money back to ca using a temporary conservatorship. the judge ordered both aunt and our poa negated. the money was returned. now there is a hearing for the temp conservatorship to become permanent. my dad does not want this or need it; the trust should cover everthing and the poa we had and my sister and i should handle things as my parent's intended. my ssiter and i are sole beneficiaries of the trust, the aunt's attny says we will take the money ior mismanage it if we are in charge of it.
we do not have an attorney...the hearing is tomorrow. i know you will say we shoud have an attorney...but we dont so don't give that as your answer please.
my question is ...doesn't the money belong in the ab trust...b trust and doesn't my sister and i have right to manage it according to parent's trust and poa? oh,....when the judge ordered a temp conservator he told them to out the money in a Totten trust. i do not see how that can haoppen. but of course the judge did not listen...spent two minutes on it and we were done....standing there dumbfounded and no chance to be heard.What is the name of your state (only U.S. law)?