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    Trust & Probate Question

    Sorry, I have not been paying attention. "Administrator" of what? I am the Successor Trustee, and someone else is the Personal Representative. He, and he alone, is in charge of the assets that went to Probate. I have already distributed most of the funds that went directly to the Trust, and...
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    Trust & Probate Question

    The bad news is that the financial institution is unprofessional and incompetent. The good news is that the financial institution is unprofessional and incompetent. They failed to removed both my Aunt and me (as attorney in fact) from the largest account that had to go to Probate, so I am...
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    Trust & Probate Question

    I agree with Tax Counsel based on my experience. &, other than what is Public information, I don't believe the beneficiaries to the Trust have the right to intimate knowledge of or access to the estate accounts in Probate. Only the PR does. Beneficiaries may access to the Date of Death asset...
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    Trust & Probate Question

    First of all, yes, we have an attorney and he has done quite a lot of work, but I have not been able to find an answer to what I feel should be a simple question: Does the Successor Trustee of a Revocable Living Trust have the right to be informed of the status of financial accounts that had to...
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    POA for Real Estate Transactions

    So, is the problem on this forum the inability to ask a question artfully, or the inability to read and understand what is being asked?
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    POA for Real Estate Transactions

    Exactly. What I have been saying, maybe inartfully, is that the attorney-in-fact named in the Durable General Power of Attorney agreement has the power to conduct real estate transactions while the Settlor is living, and the Successor Trustee, named in the Revocable Living Trust agreement, has...
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    POA for Real Estate Transactions

    Granted, I have the power to conduct real estate transactions as the attorney-in-fact under the Durable General Power of Attorney, but, still, the original has to be recorded in Missouri in order to do so.
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    POA for Real Estate Transactions

    442.360. Powers of attorney, how acknowledged and proved. — Every letter of attorney or other instrument containing a power to convey real estate, as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any instrument in writing conveying real estate, or...
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    POA for Real Estate Transactions

    Update. Any document granting the power to conduct real estate transactions in the State of Missouri must be recorded, the same as documents transferring real estate. I became aware of that when the Title Company pointed it out when I attempted to sell a vacant lot for my Aunt, under a Durable...
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    POA for Real Estate Transactions

    So, is there a way to "verify", and record a revocable living trust agreement and a durable general power of attorney agreement if you do not have the original? It may, or may not, be relevant, but if a document can be verified via the notary's log/records, for the documents I am inquiring...
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    POA for Real Estate Transactions

    Correcting typos: Specifically, is there something the attorney who failed to record the originals can do to attest to the validity of the digital copies he retained? I'm asking because I had a situation where a professional surveyor failed to record a 1997 property survey, but was able to...
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    POA for Real Estate Transactions

    442.360. Powers of attorney, how acknowledged and proved. — Every letter of attorney or other instrument containing a power to convey real estate, as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any instrument in writing conveying real estate, or...
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    POA for Real Estate Transactions

    In Missouri, legal documents granting power to conduct real estate transactions must be recorded. So, I take it that would mean Durable General Power of Attorney, and Revocable Living Trusts, so the Attorney-in-Fact and Successor Trustee have the power. What if those original documents were...
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    Another POA Question

    There is never a need to attack another poster, his or her opinion, or posting style. It appears a number of posters are attacking the poster, please don't do that. It's okay to disagree. Post your opinion, but don't attack another person's opinion. Besides, no one here has any real...
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    Another POA Question

    Yet you did. Since you indicated in your first reply that you did not intend to be of assistance, why do you persist? If you're not going to help, just don't. Any more than that seems very unfriendly, and, over 20 years here, I found it may discourage other regulars who like to help. Why do...
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    Another POA Question

    Yeah. When YOU don't have all the information YOU need, YOU seek advice. Back to the question, "If the only advice given on a law forum is Contact an Attorney, why have a forum?"
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    Another POA Question

    I know this will just muddy the water, but there are some very strange distributions at death in the Trust document, no family members, not even the attorney-in-fact, who is the Settlor's nearest relative. The attorney-in-fact is waiting until she has access to the financial accounts, to see...
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    Another POA Question

    The Settlor signed, then the Trust Attorney signed as the Notary, then the financial advisor signed as a witness. "They" and "them" are the financial advisor and the Trust Attorney. A little different angle, is it appropriate for a financial advisor to continue being the sole person tp control...
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    Adverse Possession Appeal Question

    I know this is really, really old, but, sometimes people who stumble onto stuff like to know how things turned out. Maybe they have something similar going on. So, to refresh, I asked our attorney to seek a Summary Judgment. He said that was unlikely, but we got it, an order that our...
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    Another POA Question

    I will add this fact. The Trust Attorney signed the Trust document, and the financial advisor who took the elderly lady to the Trust attorney witnessed it. Same with the POA documents, and a Living Will. So, they both knew there was an attorney-in-fact, and they both knew her powers began...
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