Emporia, KS asked in Estate Planning for Kansas

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.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

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.

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