Friday, 12 December 2014

You are POA for an elderly relative. A will is already in place give you a 60 share of assets. You are asked to fill out a "Distribution of...

Question

You are POA for an elderly relative. A will is already in place give you a 60% share of assets. You are asked to fill out a "Distribution of Funds upon Death" form for his investment account. Does this form superseed the will if percentages are changed?



Answer

Typically, yes...Which can put the attorney-in-fact in a difficult situation [i.e. a conflict of interest]. Another option is to simply not sign such a form, and have the account pass under the Will so as to avoid any potential conflict with the distribution of that account.



No comments:

Post a Comment