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#1735904 - 08/28/12 06:42 PM Land in a Trust, who should sign
Bec Offline
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Bec
Joined: Jul 2010
Posts: 1,115
The Great White North
We have a situation where a land is titled in a Revocable Trust. The trustees are husband and wife. The husband is incompacitated at this time and the wife has an easement form that needs to be executed for the land. Since it is in a trust, is it ok that just the wife signs the easement? We are also a marital property state if that makes a difference.

Thank you for your help
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#1735910 - 08/28/12 06:47 PM Re: Land in a Trust, who should sign Bec
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,673
Bloomington, IN
Since it is in a trust, is it ok that just the wife signs the easement?

Without a copy of the trust agreement we can't answer your question.

Have someone in you FI that is familiar with trusts review the trust agreement or have your attorney review it, but you should not proceed until you have a valid opinion on who is required to sign any transaction on behalf of the trust.
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#1735927 - 08/28/12 07:16 PM Re: Land in a Trust, who should sign Bec
Truffle Royale Offline

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Is the bank involved because as the mortgage holder they need to sign off on the easement? If not, I'm not understanding why you're involved at all.

The wife needs to be talking to the attorney that drafted the trust. If the trust is worded so all trustees must sign, she'll need his POA to sign the easement. The attorney can draft the document(s) she'll need to execute the easement.

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