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Is our POA Legal

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ineeeda

Junior Member
What is the name of your state (only U.S. law)? California
My father-in-law has been living with this women for about 25 years. About 10 years ago, he formated a trust for his property naming my husband beneficiary as well as giving him power of attorney over all matters with the estate as well as his finances. My question is, about 3 years ago he legally married this women he'd been living with all these years. Since he is now married, does that null and void the trust? Would my husband still be benficiary and have POA over his father's finance, health, estate? Or does the fact that he married her, now make her the legal beneficiary?
 


FlyingRon

Senior Member
The trust exists. Any assets it has are still within them. Of course I suspect the grantor is still trustee and it's a revocable trust so he's free to restructure things to benefit his new wife. Any property NOT in the trust at the time he was married however may be considered marital property and making that transfer may take both him and the spouse to transfer.

Once the person granting it dies, the POA has no meaning.
 

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