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 .
A: POA from trustee will not work because fiduciary duties are not delegable. Look at the trust instrument for provisions will respect to removal of incapacitated trustees, trustee resignation, trustee succession, and appointment of successor trustees. If that doesn’t work then you might have to go to court to remove the trustee and appoint a successor.
Anthony M. Avery agrees with this answer
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