QUESTION

10 years i've lived in trust property. I'm told by poa buy property or get out as poa wants to sell it. 1 of 2 trustors is still alive too.

Asked on Jan 24th, 2016 on Wills and Probate - Utah
More details to this question:
grandma is an assisted living facility now. poa moved her there. i am 1 of 4 named in trust when grandma passes. What are my rights now? Do i have to get out as poa says?
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1 ANSWER

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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The simple answer is -- it all depends on the terms of the trust. The trust controls, and I or any other attorney will need to review the trust and see what it says about the property you are living in, what powers the trustors may have reserved to themselves, and what to actual purpose of the trust is. The trustee's powers may be personal, and therefore not transferable under a mere power of attorney (at least that is what I think you mean by “poa”). Or, the attempt to sell the property may be contrary to the terms of the trust. You and the other beneficiaries may want to file to have grandma removed as the trustee, thereby negating the poa. No matter what, you need to obtain legal counsel to fully review the trust, the facts, and to represent your interests. If you desire, I may be able to assist you. David R. Hartwig 801-486-1715  
Answered on Jan 25th, 2016 at 7:58 AM

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