oviedo
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it's a very broad POA IMO. His agent can do anything include change the beneficiary of life insurance which I've never seen - now I need to go check mine to see if I grant this power.Yep, my last comment should have said ex-Mrs. Ex-wife would have been clearer yet.
For your POA question, I wonder about the trust the home has been put in. Who are the beneficiaries? What are the requirements for the beneficiaries to have access to the funds? Who’s the trustee executing the trust? If he is, then who’s the successor trustee if he’s not interested/available? Dollars to donuts it’s not his ex wife.
A trust would be an excellent way to ensure his kids get the proceeds without his ex-wife having access to the funds. All he’d have to do is lock the trust until the kids turn 18 and/or dictate that proceeds be released only for their college education.
I’m very curious if he’s also transferred additional assets to the trust. Bank accounts, 401K, investment funds, etc. If he did those funds would be protected too.
Without a trust, if he died or disappeared his ex-wife would probably be controlling the money for the kids until they were adults, with virtually no oversight.
A Trust would work equally well if he were to die or just disappear. If he thought he might do either and was worried about his kids financial future it’s a really smart move IMO.
The Trust is an excellent way to protect the assets for the children - in one of our Trusts, the beneficiary is under 18 and so in order to receive the share - a guardianship is required and the guardianship has a guardian with an attorney who only looks out for the beneficiary - Mom can't get her money. Each withdrawal from the Trust requires a court order.
JMO