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Joint Revocation Power

Husband and Wife created a joint revocable trust reserving to themselves the power to revoke and stating that a sale or other disposition of the trust property “by us” would be a revocation.

A divided appellate court held that Husband, as the sole surviving trustee, had the power to convey trust property and thus revoke the trust.

Scalfaro v. Rudloff, 884 A.2d 904 (Pa. Super. Ct. 2005).

Special thanks to Rita and Joseph Solomon Prof. William P. LaPiana of the New York Law School for contributing this case.

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