Intellectual Property Law

Ask an Intellectual Property Law Question, Get an Answer ASAP!

Have your own Intellectual Property Law question?

9 IP Lawyers are Online Now

characters left:

Not an Intellectual Property Law Question?

Question

A Board of Trustees formed a church corporation and aquired property and building for their church, all Trustees are deceased but one, does that trustee have total rights to that building and property or does church retain rights?

Submitted: 273 days and 4 hours ago.

Category: Intellectual Property Law

Value: $30

Status: AWAITING CUSTOMER ACTION

Odenton, Maryland

Already Tried:
I live in Maryland but property is in New York. I did some Internet research concerning Fiduciary Trustees and it seems as though the property must remain with the church, is this so?

Accepted Answer

The church property will remain with the church as a corporate group, i.e., the church memebers. The one remaining trustee may still have some rights in the direction of the church corporation, but all in all, the church will retain the rights to the building and other property.

Accepts:
Expert:	Timothy D. Smith, Esq.
Pos. Feedback:	100.0 %
Answered:	2/23/2009

Patent Prosecutor

Patent Bar Certified

273 days and 3 hours ago.

Reply

I hope my question gave you the understanding that the surviving Trustee is on the Deed of Property of the church, therefore he feels he owns this property, is this so?

Posted by Timothy D. Smith, Esq. 273 days and 1 hours ago.

Answer

No, although it could get complicated. Assuming there are financial statements that illustrate where the money to develope the church has been generated, the property should belong to the church membership or body.

You should look to have this legally settled however before things get out of hand, i.e., he changes the locks. Your search about fiduciary duties was appropriate. Furthermore, he would be in breach of his fiduciary duty if he were to take such actions. He has signed the deed as a real person in being. A corporation cannot sign, it has to have an agent do so. He and the other trustees were the agents acting on behalf of the church.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.