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Old 01-29-2020, 11:29 PM   #1
iban5
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Default Living trust and sale of property

If a living trust owns the property of a husband and wife and the husband has recently died, who signs the sales agreement now when the property is sold?
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Old 01-30-2020, 08:54 AM   #2
AFFA
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Default Re: Living trust and sale of property

I wish to inform you that if the trustee has died then other member of the trust may become successor trustee and can then sign the document. If you and your husband were having living trust and if your husband was acting as its trustee then you may become successor trustee and can then sign documents for trust.

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Old 02-03-2020, 09:05 AM   #3
Lexus
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Default Re: Living trust and sale of property

Since it is a living trust, the spouses would typically act as co-trustees and co-beneficiaries while they are both alive and well. When one spouse dies, the surviving spouse is often designated as the sole remaining beneficiary and is generally named as the surviving trustee. You are a surviving trustee now. So, you can be the signatory of sale agreement but before that you must file a signed affidavit for the local county records. You’ll be asked to provide a death certificate for the deceased spouse to establish the fact that he's no longer serving as the trustee. It will also designate the successor trustee (you) who can convey title to the property.
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