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Conservator for your mother and her trustee refuses to sign her home out of trust how can the trust be revoked?
Wiki User
∙ 15y ago
You need to consult with an attorney who can review the terms of the trust. Your mother removed her real estate from her estate. Trust law is extremely complicated and there are many types of trusts. You need an expert to review the situation and take the matter to court if necessary.
Wiki User
∙ 15y ago
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How do you use trustee in a sentence?
My mother made her bank the trustee for her accounts so they could pay her bills for her.
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No you do not. The next person in the list on your Grandmother's trust document steps in as the successor trustee. Powers of attorney are invalid once the principal has died. Your mother's Power of Attorney (which has expired) has nothing to do with your Grandmother's trust.
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You should consult with an attorney who can review the situation, explain your options and file the appropriate court petitions ASAP. Only a Durable Power of Attorney remains in effect when the principal becomes incapacitated. A general POA would expire. The family should petition the probate court for the appointment of a guardian or conservator for mother-in-law's person and property. If a guardian is appointed the Durable or General POA would be immediately extinguished. The attorney-in-fact daughter should be notified that the family is taking the legal steps necessary for the appointment of a conservator and she should take no further actions in her mother's name.
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A trustee is not needed. However, a good landlord-tenant agreement would be highly advisable.
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Take her to court and have the judge make it a requirement. She will then have no choice.
