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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7351
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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If a trustee is named in a revocable trust instrument at the

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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.

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 4 years 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?

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

Customer: replied 4 years 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.

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 Just Answer. We appreciate your business.
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