San Francisco, CA asked in Estate Planning and Probate for Pennsylvania

Q: Grantor exercised Power of Appointment giving daughter house. Can trustee-brother sell house and place back in trust?

Grantor still alive, Pennsylvania. All other assets divided evenly. Trustee-brother wants to sell, put back in trust so that he can take HALF of proceeds of house upon grantors death instead of daughter getting 100%. Commingling?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: It is not possible to answer your question without reviewing all of the relevant documents and verifying that the grantor had capacity at the time and had not Ben subjected to undue influence, but if all of that is true then no, brother cannot change grantor’s desired disposition.

Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: there are so many unanswered questions here. Would have to review documents, relationship between the parties, timing and capacity of the Grantor. First step would be to meet with an attorney to start to review all of the above

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