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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

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Attorney answers 3


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

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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.


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.

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