Estate Law Questions? Ask an Estate Lawyer.
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.
This is what the power states verbatim.
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?
Thanks for the additional information. Exactly what action do you wish to take regarding an established trust, without involving the trustee?
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.