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Probate question. See inside.

Asked by john65pennington (29258points) January 27th, 2012

My aunt died and left a Revocable Trust of $20,000 dollars to my mother, who is also deceased. My cousin elected himself to be the Power of Attorney over my aunt. My aunt left no will. My cousin goes to the bank and withdraws the $20,000 out of the Revocable Trust. My cousin also had an estate sale and sold 80% of my aunt’s personal belongings. Her house will have to be probated in court.

Question: did my cousin have legal authority to withdraw the $20,000 dollars out of the Revocable Trust, which should have gone to my brother and I? And, will Probate Court require my cousin to collect her property he sold and the money he collected ? I feel that the bank and my cousin made an error, when the $20,000 dollars was withdrawn from the Revocable Trust. Should this money not also go into Probate Court? Help needed from any legal begales out there and do I need an attorney?

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