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“In the order named”

Discussion in 'Power of Attorney & Living Wills' started by Rod Forsythe, Feb 14, 2022.

  1. Rod Forsythe

    Rod Forsythe Law Topic Starter New Member

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    My brother in law has durable poa for the parents. The home and property are in a family trust. The trust states “the trustees are, in the order named Fred, Beverley and heather. “

    The mother has dimentia and the house needs to be sold to pay for healthcare.

    2 questions:
    (1) what does “in the order named” mean ? Is Fred sole trustee until he can no longer act then it is Beverley? Or are they all trustees with equal say in trust activity?
    (2) can Fred dictate how the house will sell, from naming the realtor, timing and acceptance of an offer?

    thanks in advance
     
  2. welkin

    welkin Active Member

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    It says what it means "in the order named." There is only one trustee at a time. If Fred is unable to carry out the duties or abdicates then the next trustee would be Beverley and then if Beverley is unable or abdicates the trustee would be Heather.

    He is the first named trustee so the answer is yes.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I don't think either of those comments can be unequivocal without reading the trust.

    Point being that both parents are alive. The mother has dementia. What about the father? As the maker of the trust, shouldn't he be the one to decide how and when the house gets sold?

    Rod, rather than give your BIL potentially erroneous information (not saying it is, just that it could be) from strangers on the internet, I suggest you have your BIL start by talking to his father about funding his mother's care.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    "The parents"? Whose parents? His parents? Your parents? Is your BIL your spouse's sibling or your sibling's spouse? What authority does this POA confer on your BIL? What does this POA have to do with the rest of the post?

    Whose home/property? Who created the trust? And who exactly are Fred, Beverley and Heather?

    That's a darn good question, and there's no conceivable way for anyone here to answer it intelligently. I would suggest that Fred, Beverley and Heather consult with and retain an attorney. They might want to start by consulting with the attorney who drafted the trust instrument. That being said, who signed the trust as trustee? Just Fred or all three of them?

    This seems basically to be a more specific version of your first question.

    No, not if he deeded his interest in the home to a trust of which he is not the/a trustee.
     
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  5. adjusterjack

    adjusterjack Super Moderator

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    That's another question for the OP.

    ;)
     

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