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Can my sister force me to give her power of attorney of stocks that is in both our names and also in a family living trust?

Georgetown, TX |

She is sending me a summons through legal aide to appear in a California court, am in Texas

Attorney Answers 3


  1. Probably not. You have not really provided enough information to understand what is going on in your situation. Since you have received a summons, the only sensible thing to do would be to review it with your lawyer. You likely have only a limited time to respond. If you fail to do so, you may lose your opportunity to object to what your sister is trying to do.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. Attorney Frederick is correct. Retain a lawyer not only to review the summons, but the underlying documentation and assets in the trust. He or she will advise you as to your duties as a fiduciary and how to best respond to your sister. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  3. Mr. Frederick and Mr. Pankowski are right, there needs to be more information for a good answer. Do you know who the Trustee of your trust is? You should call them, or have your attorney call them immediately and see what is going on. If your sister has commenced an action against the trust as a beneficiary, it's odd that you are just getting a summons and not previous communications or filings as well.

    The above comments are made by an attorney at The Rieck Law Firm (RLF). RLF offers free initial consultation to potential clients and more information about this firm can be found at www.riecklawfirm.com. Materials contained within this website and submitted by this user (including the above comments) provide information on general legal issues and are not intended to provide advice on any specific legal matter. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet and online readers should not act upon this information without seeking professional counsel.

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