Legal Question in Wills and Trusts in California

In So. California, can an Executor of a parents Will sell the family home (as mandated by the Will for distribution) when that Executor is a Real Estate Broker and was also POA of the parents Trust?


Asked on 3/03/12, 4:32 pm

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Yes.

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Answered on 3/03/12, 5:42 pm
Anthony Roach Law Office of Anthony A. Roach

I don't see why it would matter that the executor is also a broker. The POA does not make sense, as the person with authority under a trust is a trustee. An attorney in fact loses all power under a power of attorney when the principal dies.

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Answered on 3/04/12, 1:29 pm


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