Who is in charge of the sale of my late mother’s house?

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Who is in charge of the sale of my late mother’s house?

My parents put their house in a family Trust 20 years ago and listed my

brother as 1st trustee. Since then my father passed. My mother didn’t want my brother to oversee her affairs and gave me POA over the property 8 years ago. Since then she has developed dementia and I am handling all her affairs. We are now selling the house which is stil Trust. Am I or my brother in charge of the house sale and the distribution of the proceeds?

Asked on July 3, 2018 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the house was in a trust, then your brother as trustee is in charge of the sale and the proceeds--once the house is in a trust, it belongs to the trust and not to your parents, and so your mother could not give you a POA over it. Your brother will handle the sale and distribute the proceeds as per the terms of the trust.


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