Vandenberg Afb, CA Estate Planning Law Firms & Lawyers

I assume that the property was (and is now) your dad's primary residence.  By saying, "The property is in a life estate," do you mean that your step-mother's trust gives your dad the right to live there throughout his lifetime? What does her trust say (if anything) about what happens if your dad moves out or sells the property?  I also assume here that your dad and his wife had separate revocable trusts and each trust held an interest in the property as a tenant in common. If the property was held in trust (not as individuals), the executor of your step-mother's estate would have no power of disposition over it.  The person who controls her interest in the property would be the successor trustee of her trust. If, as I've assumed, the two trusts own interests as tenants in common, and if your step-mother's trust does not have provisions granting your dad rights to sell the property, you will need to rely on one of two things - the good faith voluntary cooperation of the successor trustee of your step-mother's trust, or an action to partition and sell the property.  Without seeing your step-mother's trust, and knowing precisely how title is currently vested, I cannot give you a better answer.

It depends on the terms of the POA. In many cases, the same form can cover both areas. The separate medical power might allow for a more specific expression of intentions, if that is desired. These forms are best prepared by an attorney.