QUESTION
Can my mom's sister who is executor on a land trust sell the property without my mother's permission?
Asked on Oct 27th, 2013 on Estate Planning - Michigan
More details to this question:
My mom's sister is power of attorney on their deceased mother's trust for her 2 houses. Can she sell the property their mother had without getting my mothers okay? Both are on one property in trust and they are on another property with their other 2 sisters and brothers. My mom is using the term power of attorney but I do not know if she means that or executor. One home is in Illinois and the other is in Wisconsin. Their mother passed away over 2 years ago.
11 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If your mom's sister is the executor or trustee of their mother's estate/trust, then there is a will or trust that will give her specific powers regarding the assets in that estate or trust. A review of the will or trust should be done by an estate planning or probate attorney to better answer your question.
Answered on Oct 31st, 2013 at 7:25 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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It sounds like your aunt is a "trustee", not an executor. Also, any power of attorney would only have been effective during your grandmother's lifetime, so she cannot have a power of attorney now. As trustee, your aunt probably has authority to sell the property without seeking your mother's permission, but you can only find out for sure by looking at the trust documents to see what powers your grandmother gave to the trustee. It would be a good idea to have a local trust and estates attorney look at the trust documents to answer your question.
Answered on Oct 31st, 2013 at 7:18 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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First, figure out whether your aunt is executor, "power of attorney" or trustee? Second, you must check with Illinois and Wisconsin lawyers, since that's where the property is. Third, the answer probably is yes if she's trustee.
Answered on Oct 31st, 2013 at 7:14 AM
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You are correct, power of attorney is not the right term. Power of attorney expires on death. If your mom's sister is the sole trustee of the trust, and the terms of the trust allow her to sell then yes she can sell. Have the trust reviewed by an estate planning attorney to properly advise your mother. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Oct 31st, 2013 at 7:01 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will need to review the trust document to determine what is authorized.
Answered on Oct 31st, 2013 at 6:56 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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First, if the issuer of the power of attorney has died, so has the power of attorney, therefore taking away any power the sister thinks she has to sell any property of your mom's sister. Consider obtaining the assistance of a trust litigation attorney to protect your mother from the sister who is claiming she has the authority to sell the property.
Answered on Oct 29th, 2013 at 3:17 PM
Power of attorney ends immediately upon the death of the one granting the power. So your aunt has no authority to act based on her previous position. The authority of the executor of an estate ends when the estate is closed in the probate court, usually around one year after the death of the property owner although it may be longer. It is unlikely that your aunt would still have authority to sell the property, assuming she was named executor of your mother's estate. However, if the property was placed in trust, the trustee is responsible for the maintenance or sale of the homes, based upon the terms of the trust. Your aunt may have the right to sell the houses if she is the trustee.
Answered on Oct 29th, 2013 at 3:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If your sister is the trustee, which would be the appropriate term, then she probably has the power to sell the property. If your mom and sister are co-trustees, then it is probable both must agree.
Answered on Oct 29th, 2013 at 3:16 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is not clear what has taken place. You need to have an attorney review all of the documents and the facts to try to shed some light on this. Title of the property is key. If the property is in trust and your aunt is trustee, then subject to the terms of the trust, she would have the right to sell, without consent or permission. Any other circumstance, and it would depend on what the documents say.
Answered on Oct 29th, 2013 at 3:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need the details but, if you mother is actually on the deed it generally will be necessary she sign off.
Answered on Oct 29th, 2013 at 3:14 PM
Edwin K. Niles
Power of attorney generally terminates on death. We cannot advise on the law of another state, but generally a trustee can act without permission, as long as she acts in the best interests of all.
Answered on Oct 29th, 2013 at 3:14 PM