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SleeplessinSoCal

(10,091 posts) Tue May 20, 2025, 09:54 PM May 20

Legal question

My husband was in the will of his best friend. They've both passed, yet the trust keeps pumping out residuals. I need to sign a new legal document. I'm not actually named in the will, now called a trust. Question: Do I sign my name as the wife, or sign my hubby's name as I had power of attorney?

Thanks.

5 replies

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Highlight:

Legal question (Original Post) SleeplessinSoCal May 20 OP

I had ambiguous checks like that bucolic_frolic May 20 #1

Respectfully, get a lawyer PJMcK May 20 #2

A power of attorney expires when the principal dies. Frasier Balzov May 20 #3

I got a trust about 6 weeks ago. SleeplessinSoCal May 20 #4

Contact your local state bar association for free referral for an attorney Bread and Circuses May 20 #5

bucolic_frolic

(50,654 posts)

1. I had ambiguous checks like that

Reply to SleeplessinSoCal (Original post)

Tue May 20, 2025, 10:03 PM

May 20

The teller at the bank knew what would be accepted for checks made out to a decedent. I think they decided on my name, P/A. or my name, executor. But your situation and state may be different.

PJMcK

(23,768 posts)

2. Respectfully, get a lawyer

Reply to SleeplessinSoCal (Original post)

Tue May 20, 2025, 10:13 PM

May 20

There are many ways to get professional help that won't cost an arm and a leg.

The information you get from the internet is not really the right place to being asking such a serious question. However, there is a service called Ask A Lawyer.com (I'm not certain of the URL) that will give advice for something like $49.00. I've never used them but they sponsor a lawyer's YouTube channel that I respect.

I wish you the best of luck!

Frasier Balzov

(4,402 posts)

3. A power of attorney expires when the principal dies.

Reply to SleeplessinSoCal (Original post)

Tue May 20, 2025, 10:15 PM

May 20

Surviving spouse is probably the most informative to those who make and process payment.

This says you are successor in interest by virtue of your marriage to the legatee / beneficiary.

So I would sign his name and then say By: (you), surviving spouse

SleeplessinSoCal

(10,091 posts)

4. I got a trust about 6 weeks ago.

Reply to SleeplessinSoCal (Original post)

Tue May 20, 2025, 10:27 PM

May 20

I can call the lawyer who did that. It cost $3,000. Hopefully she'll answer my question pro bono.

Bread and Circuses

(779 posts)

5. Contact your local state bar association for free referral for an attorney

Reply to SleeplessinSoCal (Original post)

Tue May 20, 2025, 10:47 PM

May 20

Most attorneys will provide a free 15 minute consultation.

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