Q: Two pieces of real estate, PA1 & MI2, in irrevocable trust at PA bank. PA1 distributed to the beneficiary Free of Trust
by court decree in 2000. Beneficiary now listed as owner on county website. Bank, sole trustee, wants to sell MI2. Beneficiary not in favor. Orphans’ Court proceedings where Petition to Authorize Sale of MI2:
a) Describes the decree of 2000 as, "Pursuant to Decree of this Court dated … 2000, the Trustee is directed to retain the Property until further order of court". No mention is made about the actual content of the Order.
b) Requests that " Order of 2000 be vacated so Trustee may sell property". No explanation is given as to how the first act of vacating relates to the second act of selling.
This all very illusive. Did they not want the beneficiary or judge to know Order content, i.e. beneficiary could then, for instance, request that MI2 be distributed in similar manner? If 2000 Decree is vacated, though, how does that affect PA1, the beneficiary's current residence, and the beneficiary’s relationship to it? Would the property go back into Trust? What's going on here?
A:
Regarding the property you can PA1, it would be very rare, unusual and unexpected for a court to order it back into trust after it has already been distributed. I would say the risk of that is extremely low.
Regarding MI2, this probably is all taking place within the same original case where it started, so the court has access to the 2000 Decree, so there is no need to attach a copy. You should have access to the 2000 Decree, too. If you don't, go to the court and obtain a copy; it is part of the public record.
The trustee is wanting to first vacate the 2000 Decree, because it prevents the sale of the property, then obtain a court order permitting the sale of the property. That is how they relate to each other. One is a necessary prerequisite to the other.
If you object to the sale of the property, you should hire an attorney to represent your interest in this matter.
Michael Cherewka and Nellie T Schulz agree with this answer
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