[KY] How do I revoke my late mother's attorney's power of attorney?
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I’m so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask—this law stuff can get complicated. Yes, revoking power of attorney revokes all their power (KRS § 457.110).
The thing is, if someone is the trustee of a trust, that’s different than being a power of attorney (KRS Chapter 386B). The trustee’s powers are separate and unaffected by revoking someone’s attorney-in-fact powers. Does that help clarify things?
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Does revoking an attorney’s power of attorney status eliminate their control over any financial or real estate transactions?
I understand your concern. Can you tell me more about the specific situation where you're considering revoking the power of attorney?
Kentucky.
Have there been any financial or real estate transactions that have raised concerns?
The attorney over the trust had been granted power of attorney and now wants to sell our family home against our wishes.
Is there anything else the lawyer should know before I connect you?
No.
Hey there! Welcome to AskaLawyer. I'm Legal Eagle, an attorney with many years of experience, and I'm here to help you. What do you hope for from this conversation?
Better clarity on the current situation with the trust attorney who’s representing my mother’s estate trust after her passing. They say they need to sell the family home because money is running out, and they need to sell, but they won’t give us any other options. Power of attorney had been granted, but I’m currently revoking that power. We hope that will help prevent them from having the power to authorize the sale of our home.
Got it, thanks for sharing more about your situation. Just to clarify, do you have a copy of the power of attorney document? Also, are there any other family members involved in the decision-making process regarding the estate?
I don't have a copy in front of me, but it talks about financial decisions regarding me in particular, so I’m not sure if it pertains to the family home or not. No, there isn’t any other family involved in the decision-making.
Got it. Was there any other facts you’d like to add before I answer your question?
No.
I’m so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask—this law stuff can get complicated. Yes, revoking power of attorney revokes all their power (KRS § 457.110).
The thing is, if someone is the trustee of a trust, that’s different than being a power of attorney (KRS Chapter 386B). The trustee’s powers are separate and unaffected by revoking someone’s attorney-in-fact powers. Does that help clarify things?
Yes, that confirms what I suspected. I guess if that’s the case, I would have to hire an attorney to go to court to block the sale and come up with other viable options that allow us to stay in our family home and try to remove them as trustee?
Correct, yes!
Okay, thanks.
I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Do you have any concerns about this issue that still need to be addressed? I’m happy to help.
No, not at this time. Thanks again.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
