Attorney's vs. Power. Successor director - more powerful than others

Question: I am listed as a successor. My problem is listed as a permanent power of attorney for the real estate management of my father's real estate. Does one have more power than the other? Does POA have the authority to sell the property of my father or is I the successor? Thanks in advance - really confused. NH

Answer: Dear NH - Generally speaking, as a successor trustee, as much as possible, you can have more power under the power of attorney. However, in reality, most state laws are more clearly defined with respect to fiduciary authority, and financial institutions are more certified in relation to trustees. That is why such things give superiority to trustees. If you are interested in a particular type of power, you need to check the law of a particular state.

Your question is whether your brother has the power to sell your father's property on your behalf or whether you have power as a successor. I do not know if your father is still alive. Assuming that he is, he is probably the only trustee of his credit and he is waiting on his wings until he leaves his side. If that is the case, he is not authorized to manage his property. If your father's trust has something real estate, then he is the only trustee so your dad will be the only person to manage it.

If your father is still alive, your father can do it yourself, but your brother has the authority to manage his property soon. In most cases, however, the authority of a lawyer may only be used if the principal (ie your father) can not attend his office.

Who owns the real problem here? If your father owns property, your older brother has the authority to manage it under the power of a lawyer. If your father's living trust owns that property, the trust company has the authority to manage it under the terms of the trust deed. It would be your father if he were a trustee. If you are a trustee, it will be your father.

If your father is not alive, your power of attorney will be invalid and the property owned only by your father will be a will. Its property is managed by the executive of your father's will or by the administrator appointed by the court. Your father 's living trust assets will continue to be managed as a successor.

It is worried that you and your brother are in a very difficult situation that will cause a big crack between you and your family. In your question, it is already clear that inconsistencies are being fostered.

Unfortunately, this happens most often, like you and your brothers, when brothers and sisters play different roles. It creates a natural conflict that is easily inevitable as long as it plays a different contradictory role.

For this reason, I always encourage you to appoint at least all the siblings to each of these positions whenever possible. Yes, it is annoying if three or more siblings are actually designated as advocates, successors, or as executors under obligation. And yes, you exclude brothers and sisters without hurting emotions, such as young people, older, too old, too far away, or those with physical or mental disabilities can do. But the important point is that none of them should be angry and contradictions should not exist. If it can not be achieved with the appointment of brothers and sisters, you must appoint an independent expert. It is always better to unite with your other people rather than tying their brothers to other people.

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