How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Irwin Law Your Own Question

Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4919
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
18215332
Type Your Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

If a trustee is named in a revocable trust instrument at the

Resolved Question:

If a trustee is named in a revocable trust instrument at the time of the development of the trust then at a later date a different person is named power of attorney with rights to execute revocable trust instruments does the POA have to seek approval from the trustee or can they function independently? In this case a home has been placed in a trust and needs to be sold.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello, and thanks for submitting this question. If the home has been deeded into the trust, then only the trustee can sell it. The POA can form new trusts, but doesn't have the power to alter, amend or revoke an existing trust unless its' specifically stated in the power. The title company will want the named trustee to execute the deed.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 1 year ago.

This is what the power states verbatim.


 


Under Trusts.


 


Agents may execute revocable trust instruments on Principal's behalf, so long as such trust names as its principal beneficiary upon Principal's death that is the same as the residuary in her then current testament. Agents may serve as trustee of any trust created by or for Principal's benefit. Agents may add Principal's assets to any trust. Agents may withdraw or receive the income or principal and request or demand such withdrawals, on behalf of Principal, from any trust.


 


Does this cover actions without bringing in trustee?

Expert:  Irwin Law replied 1 year ago.

Thanks for the additional information. Exactly what action do you wish to take regarding an established trust, without involving the trustee?

Customer: replied 1 year ago.

sell her home which is part of the charitable trust. She is now living with me 1200 miles away from the home, it has been vacant for 14 mths and I feel it is depreciating in value and is at risk of being broken into, broken pipes etc. I am too far away to maintain it.

 

Her trustee is an attorney and I don't want to incur unnecessary legal fees by involving him if it is not needed.

 

She is requiring 24 hour nursing care in my home, we have to liquidate assets to continue this, selling the home makes the sense to us since it is at risk of loosing value standing vacant.

Expert:  Irwin Law replied 1 year ago.
I agree that it sounds like the house must be sold. I think the best way to do this would be for you and/or the principal to notify the Trustee that the Principal wishes to partially revoke the trust by removing the home. The trustee would then record a deed back to her and you can take over and handle the sale using your POA. Be sure to record the POA along with the deed. I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4919
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 3 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 
Chat Now With An Estate Lawyer
Irwin Law
Irwin Law
Estate Lawyer
4919 Satisfied Customers
30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters