Legal Question in Landlord & Tenant Law in California
Apartment Rental Agreement
When rental properties are in a family trust arangement with several family members listed as beneficiaries. Who should be the signing party for the trust on the agreement if maker of trust is medically unable to sign?
2 Answers from Attorneys
Re: Apartment Rental Agreement
The person should have created a power of attorney with the trust or have named an alternate trustee. If this is not the case, then you may have to have a conservator appointed by the court.
Re: Apartment Rental Agreement
Typically, the trust agreement will name a successor trustee. Since I assume the trustee is unable to carry out his/her responsibilities, then the successor trustee should take over, and the initial trustee should resign.
Alternatively, the trust (or family) could hire a manager for the property.
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