Can a title company demand other legal documents be made to sell a house in a living trust and not accept the Affidavit of Trust?

My mother has dementia and my father had it prior to his death. I am the sole trustee. Their house is in the trust. I listed the house for sale and provided the Affidavit of Trust to the agent. The small owner operated title company handling the closing is asking that I have a local attorney create other documents to be filed locally such as Letters of Authority be created and not accept the Affidavit of Trust as authorization to sign at closing. Is this legal and necessary?

Asked on September 14, 2011 under Estate Planning, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suspect from what you have written, the owner of the small title company is confused with a probate situation where "letter's testamentary" are issued to the executor of the estate giving the executor the powers to act upon the estate's behalf as issued and signed by the judge handling the probate case. Such letters are also issued when a person dies without a will and his or her estate is being administered.

In your situation, if you have an afffidavit of trustee created in proper form dated and signed by you before a notary public concerning your parents' trust, the affidavit should be sufficicient for you to transfer title to the property to be sold to a buyer where the grant deed would be signed by you as trustee under the trust and your signature notarized.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.