Friday, February 21, 2014

Does a Trustee of a Trust after the settler has deceased have full power to represent the settler in all matters involving the assets of the...

Question

Does a Trustee of a Trust after the settler has deceased have full power to represent the settler in all matters involving the assets of the trust(revokable living trust)including real property and any mortgage secured with the property in the Trust without the need of probate to establish a legal representative. All heirs and Trustee are in agreement.The mortgage is an HECM (reverse mortgage)



Answer

If the real property and most other assets are titled in the name of the trust, the Trustee does not need to file for probate or get any court approval. There are legal requirements regarding administration of the trust, however, and it is a good idea to seek legal counsel to protect both the Trustee and the other beneficiaries.



Answer

I agree with Ms. Cusack.



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