Legal Question in Wills and Trusts in California

I am sucessor trustee and have power of attorney my mom is living with me she has dementia can i sell her home in california thats in the living trust

Asked on 8/28/12, 10:06 am

3 Answers from Attorneys

J. Caleb Donner Donner & Donner

This will depend upon what powers the Trust gives to you and whether it is in the best interests of the beneficiaries of the Trust for you to do so.

You should probably have a local attorney review the Trust. The position of any other beneficiaries/future beneficiaries should be considered to try to head off any potential for future problems.


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Answered on 8/28/12, 10:10 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

If you have not succeeded to the status of full trustee you have no powers at all. Unless the power of attorney was a durable power of attorney, you also are powerless under that instrument due to your mother's dementia. You probably will need to have a conservatorship established over your mother with you as conservator before you can do anything.

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Answered on 8/28/12, 11:03 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

If you are the current acting trustee, and if your mother's power of attorney is a durable power of attorney, then you may the power ot sell the home on your mother's behalf. The trust and power of attorney documents should set forth the powers you have. Also, in order to have become the successor trustee, your mother would either have had to resign as trustee (while she was still competent) or you need to demonstrate that she can no longer act in this capacity. The trust should set forth provisions as to what constitutes a lack of capacity. Most trusts will require that two doctors attest to the lack of capacity of a trustee/trustor. If you have not already done so, you should ask your mother's doctors to write letters that state that your mother can no longer handle her own fiancial affairs or take care of herself. If you haven't already done so, you should also notify the other beneficiaries that you are the acting trustee.

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Answered on 8/28/12, 3:02 pm

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