What document do i need from beneficiaries consenting to the trustee conveying property to themself in a self-serving deed?
2000 husband gives wife POA
2003 Trust is established with husband and wife as grantors and wife as primary trustee
2010 Husband and wife are divorced
2015 Wife deeds property from the trust to herself as POA for husband and herself as an individual.
Two days later ex-husband passes away.
we need a document from the beneficiaries allowing this transfer.
1 attorney answer
This appears to be the second question surrounding this situation, posted today. I do not think you will get an answer you can rely on, in this forum. Your situation is not a "no-brainer." You have a complex situation that depends on facts not stated in your summary. ALL of the documents in question need to be reviewed including the trust, POA, divorce judgment/property settlement. And the facts that are not stated are important, as well. You label this a "self-serving deed" and it may be every bit of that. But there are circumstances where it would not be a problem, at all. The wife may have had full legal authority to do what she did, or she may have breached some kind of fiduciary duty to the beneficiaries of the trust.
Why are you seeking this document? Is a title company asking for it? A register of deeds? Is the woman being charged with a crime or facing a civil lawsuit? Are the trust beneficiaries friendly and cooperative? Is this an adversarial situation? Who are you and what are your interests in this situation? ALL of these factors and others that I have not thought of off the top of my head are relevant to considering this situation.
Without knowing all of the facts, there is no standard generic document that does what you are asking. Whether there is a document that would work depends on the answers to the above questions.
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