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My Aunt is suing for the house that my grandfather left me…

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My Aunt is suing for...
My Aunt is suing for the house that my grandfather left me on the grounds that she was not notified that she was no longer co-trustee of his trust ( he signed the home over to himself under a trust in which he was the only trustee ) . She was sent notification that she was no longer an agent on his power of attorney though , and that the 1995 power of attorney ( that was created at the same time as the trust ) was revoked . We live in NY . Will this revocation of power of attorney qualify to serve as notice that she was no longer the co-trustee ? Or at least raise eyebrows that she must have known .
Submitted: 11 months ago.Category: Estate Law
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9/16/2017
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 22,717
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Customer reply replied 11 months ago
In addition the 1995 trust was restated in 2014
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

My Aunt is suing for the house that my grandfather left me on the grounds that she was not notified that she was no longer co-trustee of his trust ( he signed the home over to himself under a trust in which he was the only trustee ) . She was sent notification that she was no longer an agent on his power of attorney though , and that the 1995 power of attorney ( that was created at the same time as the trust ) was revoked . We live in NY . Will this revocation of power of attorney qualify to serve as notice that she was no longer the co-trustee ?Or at least raise eyebrows that she must have known .

Response 1: No. However, this does not void the devise to you. So, I do not see any ground for the lawsuit. Your grandfather as the trustee of his own trust can transfer title to you without consultation with the co-trustee.

Best wishes,

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Estate Lawyer: Bill Attorney, Lawyer replied 11 months ago
Bill Attorney
Category: Estate Law
Satisfied Customers: 2,796
Experience: Attorney
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Dear Customer ,

A written notice of revocation of a POA by the principle tot he attorney in fact/ agent , in this case your aunt is sufficient to revoke and terminate her powers.

All acts executed after this event are voidable by a court.

NY general obligations laws provides the following:

"

1. A power of attorney terminates when:

(a) the principal dies;

(b) the principal becomes incapacitated, if the power of attorney is not durable;

(c) the principal revokes the power of attorney;

(d) the principal revokes the agent's authority and there is no co-agent or successor agent, or no co-agent or successor agent who is willing or able to serve;"

The reinstatement of the trust does not serve to reinstate the terminated POA.

Amendments to the trust can be done according to the trust deed or the following law:

"

III. NEW YORK EPTL §7-1.9.

A. In General. A Grantor can terminate or amend an irrevocable Trust during his lifetime provided that the Grantor can obtain the consent of those who have a beneficial interest in the Trust.

B. Two Requirements:

1. Inter Vivos Trust Only. The Grantor must request termination or amendment during his or her lifetime. This section does not apply to testamentary Trusts.

2. Consent of all parties that have a “beneficial interest in the trust”.

a) Consent cannot be obtained if there are living, identifiable, beneficiaries who are not capable of formulating consent (e.g. disabled or minor beneficiaries).

b) Consent of unborn beneficiaries is not required.

c) There is a line of cases that render the consent of a minor or disabled beneficiary unnecessary if the Grantor can demonstrate that the modification is favorable to such beneficiary. "

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Customer reply replied 11 months ago
There were 3 trusts 1995 ( revocable - my aunt was co-trustee ) 2014 ( revocable - my aunt was no longer co - trustee ) 2016 Irrevocable , I was trustee . He transferred the house to me before he died though unfortunately his attorney made some type of a typographical error or mistake rather and filed two deeds one he wrote that my aunt was dead on even though he didn't have to file that deed he did that bead it was meant to put my grandfathers home into his name which it already was according to the 2014 trust hence no need to file that particular deed the second deed was my grandfather switching the house out of his name and into mine this was all done simultaneously with the signing of the 2016 area irrevocable trust . My aunt is suing on a technicality that she was named dead and therefore deserved notice that she was no longer cotrustee for the transfer of my grandfather's house to himself to be valid
Estate Lawyer: Bill Attorney, Lawyer replied 11 months ago

Yes I outlined the law above in relation to the termination of a trust and the 1995 trust.

A revocable trust is generally terminable at the will of the grantor.

If your aunt had a beneficial interest then her consent and notice may ave been required.

The POA as I indicated has been effectively terminated.

It seems that the 1995 trust was effectively terminated; the aunt can only sue if she had a beneficial interest.

If she did then she may have a cause of action for the wrongful termination of the 1995 trust under the above statute.

We are here to help.

Remember to rate positively today.

You do this by rating 5***** , 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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Customer reply replied 11 months ago
Verbal notification is not sufficient? Or the fact that if she was no longer the power of attorney , what would make her think she was still the co-trustee ?
Customer reply replied 11 months ago
Of a trust that was terminated at that
Estate Lawyer: Bill Attorney, Lawyer replied 11 months ago

The POA and trust are separate legal instruments.

If notice was required under the terms of the original trust t to both trustees;you need to get a copy of the original trust deed, it may be possible for your aunt to challenge its termination for breach of the terms of trust.

If you have a copy of the trust, I can review this as an additional service, just send it through to me.

Remember to rate positively today.

You do this by rating 5***** , 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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Customer reply replied 11 months ago
I can get you a copy of the original trust , it will take me a couple of hours though . Where should I send it ?
Estate Lawyer: Bill Attorney, Lawyer replied 11 months ago

You send it through the site; it will be an additional service that I will make available after you send it through.

It needs to be examined for express notice requirements.

In relation to my previous answer.

Remember to rate positively today.

You do this by rating 5***** , 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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Customer reply replied 11 months ago
Okay I will send it shortly
Estate Lawyer: Bill Attorney, Lawyer replied 11 months ago

Yes , I see you haven't left a positive rating for my above answer.

I only get a credit upon positive feedback;

You can send the trust terms and deed through anytime , even after rating.

Thank You

Attorney Bill

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Estate Lawyer: Bill Attorney, Lawyer replied 10 months ago

Dear Customer ,

I wish to follow up with you on your estate law question and my answer thereto.

The request of an additional service and review of the trust is an extra service that you can avail of anytime.

In relation to my answer I only get a credit when you rate positively.

As I'm not an employee of justanswer I rely on your positive feedback to get a credit for the previous information provided.

You do this by rating 5***** , 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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