Question:
“My mother owns her home in her trust. She’s not well, so I’m handling the sale for her. I have power of attorney and…”
Answer:
Before we go on, we need to determine if that power of attorney is actually valid to sell the house.
Now, you may be thinking, “Of course it is. It’s a power of attorney.”
However, I can tell you from much experience that unless your mother’s trust itself specifically and clearly states that it allows for a power of attorney to be used, it can’t be used, or at least not to sell the house.
If you send me the trust and power of attorney, I’ll have my preferred title company review it to determine if your power of attorney can be used. And I’ll be happy to arrange that at no cost to you.
NOTE: Please verify all this with your favorite trust attorney. If you don’t have one, I can refer you to a great one!