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?

UPDATED: Sep 14, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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