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Tool Talk Discussion Forum

Re: OT:John T, Estate, guardianship, POA? kinda long

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redtom

12-16-2013 15:54:24
97.84.200.136



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Thank you. But if I go to their atty for just a general "what can I do or should I do next" type consult, is he obligated to tell them? I'm not trying to steal or anything, but uncle is to the point where he'd think I was "after all his money". I can go my own atty but he would be starting from scratch looking at their trust. I just don't know the next step.




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John T

12-16-2013 17:58:44
216.249.76.176



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 Re: OT:John T, Estate, guardianship, POA? kinda long in reply to redtom, 12-16-2013 15:54:24  
THEIR Attorney, as you know, represents THEM and their best interest and is bound to confidentiality HOWEVER theres no harm in making inquiry and since youre already a trustee and are looking out for their best interests (NOT your own) I see no harm in asking. If the attorney does not feel comfy he will let you know not a problem, be up front and tell him your wishes and your concerns, cant hurt.

Again, a trustee or a guardian or a POA is a strict fiduciary and none of those grant them the power to take things for themselves, although that has happened grrrrrrrrrrrr

Actually if you are the Trustee YOU probably (depends on trust) HAVE A DUTY AND OBLIGATION to make inquiry,,,,,,SO GO SEE THEIR LAWYER IS MY ADVICE and don't do anything Billy Bobn or Bubba say was what they did as each situation is different. Trusts and POA and Guardianship is NOT something a lay person can help you with very much, nor even a profession UNTIL THEY REVIEW THE TRUST AND THE SITUATION AND THE LAWS OF YOUR STATE

I practice in this area and no two estate plans or wills or trusts or guardianships have ever been the same........Whats perfect for Billy Bob can be the opposite of whats best for Bubba

Best wishes n God Bless

John T

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