Cape Coral, FL asked in Estate Planning and Real Estate Law for New York

Q: will there be any problems with selling properties in a trust that was signed by PoA on the same day the grantor passed

We thought the trust was done weeks before but it wasn’t. The lawyer handling it or boggling it said no title company would insure the property thus creating a big problem

3 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: There probably will be issues. More information is needed to properly assess.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: As the grantor passed away, you are stuck with the facts as they are. I am sure some title company will insure it. The issue is whether the next of kin oppose it.

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: If the transfer by the Trust is not a different disposition than what the Estate would have made, you may be able to find a title company to insure the transaction provided all would be beneficiaries of the Estate consent and waive possible objections.

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