Legal Question in Wills and Trusts in California

POA and Personal Residence Trust & HUD

mother had a stroke 6/01. I got POA 7/31/01. hired an attorney and got a Personal Residence Trust I am trustee. Rec'd Grant Deed. Mother deceased 2004. the old home was leveled and a new home built by HUD in 1993 on this property2. Owe hud for the home. PMts are deferred qualify low income.

Can I sell this home without having to include my siblings?


Asked on 10/18/07, 2:19 pm

2 Answers from Attorneys

Kurt Seidler Law Offices of Kurt A. Seidler APC

Re: POA and Personal Residence Trust & HUD

If the trust says the property is to be sold at mother's death and proceeds are to be distributed among her children in equal shares, her wishes must be carried out.

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Answered on 10/18/07, 4:46 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: POA and Personal Residence Trust & HUD

It depends on the terms of the trust and whether the property was deeded to you as Trustee of the trust.

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Answered on 10/22/07, 4:30 pm


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