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Can My Power Of Attorney Be Used If My Property Is In A Land Trust?

Can My Power of Attorney Be Used if My Property Is in a Land Trust?

In a previous article (Key Benefits of Land Trusts for Home Owners) we discussed the many advantages of owning your home in a land trust.

Many homeowners have a Power of Attorney (POA), whereby they designate a trusted individual to act on their behalf, which can apply whether or not the homeowner is incapacitated, or can be limited to circumstances where they should be unable to do so due to health or other reasons. If you are interested in the idea of a land trust but have concerns as to whether your POA will remain effective once you are a beneficiary of a land trust, you need not worry. Your POA, if properly drafted, will continue to remain in place and will allow the holder of the POA to direct the trustee of your land trust.

If you are interested in owning your property in a land trust, preparing a Power of Attorney or have additional questions, please contact our real estate attorneys at (312) 261-0771. Our office can assist you in all aspects of land trust creation.

Azita M. Mojarad

Azita M. Mojarad is the founder of the Law Offices of Azita M. Mojarad, P.C. For over 20 years, she has helped thousands of clients with immigration, divorce, criminal defense, and business law matters in Chicago and the greater Illinois area. She holds a J.D. from Loyola University Chicago School of Law and an M.B.A. from North Park University. Azita is AV Preeminent Rated by Martindale-Hubbell and recognized as a Leading Lawyer in Immigration and Divorce by the Leading Lawyers Network since 2012.

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