Can Durable Power of Attorney Be Used To Avoid Probate?

Can a Durable POA create a trust to override will (avoiding probate); dividing money to 3 children (same division)? All property is sold with checking account (POA on account) holding less than $200,000.

Can you have a trust and a will for life insurance policies and any other items that could come up?

Last parent has dementia. POA states I may make gifts and trusts. Just trying to make it simple.

Comments for Can Durable Power of Attorney Be Used To Avoid Probate?

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Mar 24, 2013
it depends
by: Mo Johnson

Hi, the answer to your question will depend on state law and the language in the power of attorney. You will need to discuss this with a local trust attorney. Here's an article that talks more about it -- can POA set up a trust?

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