If a house is in trust who signs alease to rent it, thePower of Attorney or the Trustee?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a house is in trust who signs alease to rent it, thePower of Attorney or the Trustee?

My husband is trustee of the irrevocable trust in which his Mom’s house was put. His sister is Power of Attorney of Mom. Mom just went into a nursing home and sister went to a real estate agent and signed the paperwork to rent the house. As POA is she able to do this? If not, has she committed fraud?

Asked on October 21, 2010 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So the house is in the name of the trust and not you Mother in Law, correct?  Sometimes the powers that are afforded the POA and the Trustee overlap.  In this instance I do not think that your sister in law is committing fraud per se.  Let's give her the benefit of the doubt that she does not realize that your husband now has priority in the handling of the trust property.  The trustee - your husband - can "release" the right to handle this matter to the POA, your sister in law, if they agree.  But I believe he would have priority here to act.  I would speak with your attorney in this matter.  This could be a family fight that can be avoided with a little diplomacy. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption