El Cajon, CA asked in Estate Planning and Probate for Oklahoma

Q: IF THE FAMILY TRUST TRUSTEE GIVES FAMILY MEMBER DURABLE POWER OF ATTORNEY CAN THEY SELL PROPERTY

THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: Most buyers would reject such a conveyance, as Title at best would be questionable. It would be much better for a Successor Trustee to take over managing the Trust. Read the Trust Instrument for relevant terms. Hire an OK attorney for advice and if necessary, sue the Trustee for Removal for Cause. The Trust may need to be placed of record.

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