6.16 Fiduciary Deeds


In General

Fiduciary deeds are those executed by executors, administrators, guardians, conservators, receivers, curators, trustees, agents, attorneys-in-fact, etc.


Checklist Of Items To Be Examined In Relation To A Fiduciary Deed

Has the fiduciary's source of power and authority been duly ascertained?

If of a nonjudicial origin:

  • Has the empowering instrument been thoroughly examined?
  • Does the instrument fully authorize and empower the fiduciary to execute the specific transaction under examination?
  • Does it contain any limitation, restriction, or prohibition?
  • Does the instrument need to be recorded?

If of a judicial origin:

  • Have the proceedings been thoroughly examined?
  • Do the proceedings conform with state law provisions?
  • Is a judicial confirmation necessary and if necessary, has a final nonappealable judicial confirmation been obtained?

Is there any legal requirement that the fiduciary deed recite the full and actual consideration paid?

Does the fiduciary deed recite the source of power and authority?

Is the fiduciary deed proper in form, execution, acknowledgment, and recordation?