I understand the POAs end at death; under the trust papers, I will wrap up the trust and transfer the balance to her brother. She does not have a will that I'm aware of and I'm tempted to leave it as it is, because I have no desire to be executor. I was executor of my father's estate, and the estates of my ward's father and mother, all of whom died in the same year. I am tired and once my friend is gone, I really don't care what happens to her things. If I don't see that she has a will, am I failing in my responsibilities?
If your friend wants any of the assets outside the Trust to be handled in a specific way, it might be appropriate to add them to the Trust, either by an amendment which specifically includes them, or by a bill of sale transfer (no sale really, just a transfer of the named assets).
Otherwise, as it stands now, if they are outside the trust there is no planned disposition for them when your friend passes.
That leaves a void of responsibility and disposition.
If she doesn’t want her brother to hold POA authority, something needs to be created or disposition needs to be made via the Trust for those assets outside it, or as you queried, a will needs to be created just for those assets that aren't included in the Trust. Otherwise, they’re going to be in limbo.
I think it would be advisable to address this now and plan for disposition of anything outside the Trust, whether it’s directly to an heir, to charity, or whatever your friend wants.
As to your specific authority, it should be defined in the Trust, although the responsibilities and authority of a Trustee can be quite broad so there's room for disagreement between the brother and you what your authority might be and whether it would INFER authority over the assets not specifically name.
Trusts in Michigan typically include pour-over Wills, which provides that assets which would be covered under a will are disposed of as defined in the Trust. I don't know about trust documentation in other states, but you should inquire of your friend and/or the attorney who drafted the trust documentation. If there is a pour-over Will, that answers your question.
This issue should have been addressed as part of the trust documentation if it was prepared by a competent attorney. There can also be documentation transferring general assets such as household goods, collectibles, etc. into the Trust. In addition, the Trust MUST be funded in order for titled assets to be subject to it. This would include transfer of real estate from your friend to her as Settlor of her Trust, or to however the Trust is titled.
I think some clarification of your responsibilites when your friend passes might help resolve your concerns.
The family members I have approached are unable and/or unwilling. My friend was adamant about not wanting her brother to be POA for her, she doesn't trust him; don't know if I can talk her into naming him executor. But we should at least have that conversation. Again, I thank you all.
Good Luck.
If so, and if they want to put up a fight over assets then there will be complications.
No will = probate. And in a lot of cases, even if there is a will it will go to probate, so a will is not the magic it once was.
My advise is to see a lawyer before you get dragged into anything by some whacked out friend or relative of your friend. Just washing your hands may not be as easy as you think,