Q: GM passed 4/4, listing and contract on home signed 3/26 & 4/4 prior to her death. Bank is trust. Was house in trust?
My uncle and I were my grandmother's financial and medical DPOA's. We had to place her in nursing facility on 3.25.21 and her home was then listed for sale on 3.26.21 to pay expenses. My uncle signed the listing agreement on her behalf on that date and a contract was placed for the property on 4.4.21. She died at 7:15pm that night. The bank was named her trustee, and is now indicating that there was no authority to selll the property because it is a part of the trust. We believe that up until her death, she maintained trustee powers and was able to make all decisions and we were her proxies. After her death, we understand that all monies, property etc fall into the trust certainly. Contract is scheduled to close 6/1/2021. Trust officer and estate attorney are maintaining that we must extend closing and petition court for permission to become co-Trustees and dissolve relationship with the bank to proceed. Thanks for your assistance.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A: Your question is highly fact-specific, not a general question that can be answered with a general answer. You need a personal consultation with an attorney who can review all of the facts and give you personalized advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
