u/bodiestar

We’re looking at buying a home where the title is held in a trust made by husband and wife. both husband and wife are the trustees. Both are alive, however, the husband has dementia. The wife is the one who is selling the house.

We noticed in the preliminary report says title insurance excludes any trust contest or invalidation of trust. What would happen if someone were to invalidate the trust after our home sale has gone through?

Could someone then invalidate the sale of the Home? Ex. If the wife didn’t have authority to sell the home on her own.

Curious, if there is any additional documentation, we should be looking for before closing. Is it appropriate for us to ask for a copy of power of attorney? Or something else?