When she dies will this create problems with distribution of her trust?

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There CAN be problems. You need to find out how the bank accounts are set up. You say your name is on the account. If you are listed as a co-owner and the accounts are in your name and hers, and NOT the name of the trust then legally the account becomes yours when she dies. If the bank account is simply under her name and you are a signer, then you need to find out if she listed any death beneficiaries on the account, because if she did, the executor cannot touch the account(s) regardless of what the trust says. If the account is in her name and you are listed as a joint owner then the account becomes yours upon death. Again regardless of what the trust says. The problem we ran into with my MILs trust is that the estate attorney never advised her to change her bank accounts over to the trust. So when she died and my husband, the executor of the trust, went to the bank, he was denied access to all accounts. The bank said they do not go by the trust. So the joint account she had with her partner and all money in it was now legally her partners. Her personal checking and savings accounts had all 3 of her children listed as “payable on death” beneficiaries and the bank required them all to come in and be issued a check for 1/3 of the account. Has she changed over the accounts to the trust, my husband would have been granted access and he could have combined all the money into one account and dispersed it.
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Reply to worriedinCali

No there shouldn't be problems, though there will be a need for some communication. If the executor and the trustee are both family members and don't get on together, that is a different matter.
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Reply to MargaretMcKen

You might benefit from a clearer idea of your mom's estate plan. Is the bank account in the name of her trust or is it still in her own name? Or is it in both of your names and not included in the trust at all?

If her trust was properly set up, having someone authorized to pay the bills from her account won't be a problem at all when the time comes to distribute her assets.
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Reply to anonymous594015

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