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Does power of attorney end at death if there is a clause that says it remains in effect until a trustee is appointed?
Precious30139
Power of attorney ends at death. A revocable and irrevocable trust with a trustee and benaficiarys would continue from life thru death. This would be a better option if your trying to hold on to property.
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∙ 14y ago
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Can a trustee close a trust?
It will depend on the specific trust. Many have a clause or two about when the trust can be closed.
Is land not specified in a will or trust covered by a residuary clause?
If the decedent owned land that was not specifically devised in the will then it would pass according to the residuary clause if there is one. If there is no residuary clause in the will the property would pass according to the laws of intestacy as intestate property. You can check the laws in your state at the related question link.Your query about trust property is more difficult to answer since trusts are managed according to the provisions in any particular trust. The only real property a trustee can manage is the property that has been transferred to the trust by deed. The trustee has only the powers set forth in the trust. You need to review the trust document to determine how/if the trustee can dispose or distribute real property. If there is no such power set forth in the trust you may need a court order. You should consult with an attorney who specializes in probate/real estate and trust law.If the decedent owned land that was not specifically devised in the will then it would pass according to the residuary clause if there is one. If there is no residuary clause in the will the property would pass according to the laws of intestacy as intestate property. You can check the laws in your state at the related question link.Your query about trust property is more difficult to answer since trusts are managed according to the provisions in any particular trust. The only real property a trustee can manage is the property that has been transferred to the trust by deed. The trustee has only the powers set forth in the trust. You need to review the trust document to determine how/if the trustee can dispose or distribute real property. If there is no such power set forth in the trust you may need a court order. You should consult with an attorney who specializes in probate/real estate and trust law.If the decedent owned land that was not specifically devised in the will then it would pass according to the residuary clause if there is one. If there is no residuary clause in the will the property would pass according to the laws of intestacy as intestate property. You can check the laws in your state at the related question link.Your query about trust property is more difficult to answer since trusts are managed according to the provisions in any particular trust. The only real property a trustee can manage is the property that has been transferred to the trust by deed. The trustee has only the powers set forth in the trust. You need to review the trust document to determine how/if the trustee can dispose or distribute real property. If there is no such power set forth in the trust you may need a court order. You should consult with an attorney who specializes in probate/real estate and trust law.If the decedent owned land that was not specifically devised in the will then it would pass according to the residuary clause if there is one. If there is no residuary clause in the will the property would pass according to the laws of intestacy as intestate property. You can check the laws in your state at the related question link.Your query about trust property is more difficult to answer since trusts are managed according to the provisions in any particular trust. The only real property a trustee can manage is the property that has been transferred to the trust by deed. The trustee has only the powers set forth in the trust. You need to review the trust document to determine how/if the trustee can dispose or distribute real property. If there is no such power set forth in the trust you may need a court order. You should consult with an attorney who specializes in probate/real estate and trust law.
Can there be multiple trustees on an irrevocable living trust?
Yes. The trust can name any number of trustees and if there is more than one it must state whether the trustees must all execute any documents together or have the power to sign documents independently.
How many house payments do you have to be behind for a trustee sale?
A trustee sale is a public auction at which a piece of real estate is sold. Trustee sales are held when people default on their mortgages and the lenders take possession of the property, and they are also held when people fail to pay their property taxes and the taxing authority takes the property. Such sales are usually listed in the newspaper so that members of the public are aware of the fact that property is available for sale. In the case of mortgaged properties, when someone mortgages a property, part of the agreement involves a clause which allows the lender to foreclose on the property if the borrower does not pay. When property is foreclosed, a person is appointed to act as a trustee to handle the repossession of the property and the sale at auction. The purpose of the trustee sale is to collect the balance of the loan. Tax auctions are held for similar reasons.
Does a Songwriter contract with a Power Of Attorney clause need to be notarized if it is not notarized does that make the entire contract invalid Thank You Ray Rector?
does a Songwriter contract with a Power Of Attorney clause need to be notarized? if it is not notarized does that make the entire contract invalid? Thank You, Ray Rector
How do I write a power of attorney document from the heirs of a deceased mother?
To write a power of attorney document, you'll need to follow these steps: Start by identifying yourself as the principal and state that you are of sound mind and voluntarily granting power of attorney. Clearly state the names and details of the person(s) being granted power of attorney, specifying the heirs of the deceased mother. Outline the powers and responsibilities granted, such as managing financial affairs, making healthcare decisions, or selling property. Include a clause specifying when the power of attorney will take effect and any limitations or conditions that apply. Sign the document in the presence of a notary public, and have the appointed individuals sign as well. Provide copies of the document to all parties involved, and consider consulting an attorney for guidance to ensure it complies with local regulations and meets your specific needs.
How an escrow clause can be drafted?
First, determine what conditions would cause you to back out of your agreement with the seller after signing the purchase agreement. Write these into an escrow clause, then have an attorney look it over to ensure its legality. Then, both you and the seller must sign the clause.
Why does a power of attorney terminate when the principal dies or becomes incompetent?
Not all Powers of Attorneys terminate when the principal becomes incompetent. Some states all an incompetency clause in a POA that allows the agent to continue to serve even if the principal is determined be incompetent. POA terminate when a principal dies because once a person dies, a Personal Representative is appointed to their estate (either one determined by the principal through a Will, or one appointed by the court). Since a Personal Representative is required to administer any part of a decedent's estate, the POA must be terminated.
Ca a Grandfather clause BE used in a homeowners association?
Your answer depends on the proposed insertion of the 'grandfather clause'. Association counsel, or a local, common interest community attorney can answer your question specifically. There is no standard.
What is the process of apointement of all the judges of High Court?
The process in which judges are appointed to High Court is called The Appointments Clause in the Constitution.
What was the due process clause in the 5th amendment and the right to an attorney in the 6th amendment designed to do?
Ensure fair treatment for those accused of crimes.
The due process clause in the 5th Amendment and the right to an attorney in the 6th Amendment were designed to?
ensure fair treatment for those accused of crimes
