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Oregon Petition for Appointment of Special Representative to Protect Modification of Trust

State:
Oregon
Control #:
OR-HJ-513-01
Format:
PDF
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A01 Petition for Appointment of Special Representative to Protect Modification of Trust
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FAQ

Both categories of Trusts are open to the trust contest. You will have to file a lawsuit in the probate court (also called venue) of the state that has jurisdiction over the Trust. Note: Once the grantor / Trustor dies, all trusts are considered irrevocable.

A power of attorney is a legal document that gives one person authority to perform actions on behalf of another person. A trustee can implement a power of attorney to allow a third person to sign a deed on behalf of the trustee.

Accounts in trust can hold different assets, including cash, stocks, bonds, mutual funds, real estate, and other property and investments. Trustees can vary as well. They can be the person opening the account, someone else they designate as a trustee, or a financial institution, such as a bank or brokerage firm.

Technically, anyone can serve as a trust protector; however, it is a good idea to appoint an independent third party rather than a family member or a beneficiary. A lawyer or accountant may be a good choice. There are also companies that provide trust protector services.

Whether you are the Trustee, Beneficiary, or Heir of a Living Trust, the question is, can a Trust be contested? The quick answer is, Yes, a trust can be contested! When contesting a trust, i.e., disputing a Trust, voiding a Trust, invalidating a Trust, you will need to consider how the Trust is invalid and a trust

Unfortunately, a Power of Attorney will be ineffective to transfer the authority of a corporate officer, LLC authorized person, or trustee to sign on behalf of the entity.

Any beneficiaries who are named in the trust or will. A deceased person's heirs. Creditors to which the decedent owed money.

How to sign as a Trustee. When signing anything on behalf of the trust, always sign as John Smith, Trustee. By signing as Trustee, you will not be personally liable for that action as long as that action is within the scope of your authority under the trust.

Your power of attorney can only make changes to your living trust if you specifically grant them that authority.However, if the POA document fails to include the power to change your living trust, your agent doesn't have the right to do so.

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Oregon Petition for Appointment of Special Representative to Protect Modification of Trust