Trustee Generally Has The Authority To Sign On Behalf Of A Trust

FACTS:

A husband and wife deeded the property into a revocable living trust when they purchased it. The husband died and the death certificate was recorded.

ISSUE: 

Who is the rightful owner of the property entitled to sign the listing agreement?

ANSWER: 

The listing agreement is a contract between the broker and the seller and must be signed by the actual owner of the property. Here, the trust is the owner of the property. Generally, the trustee of a trust is the person with signing authority for a trust. Accordingly the trustee should sign the listing agreement.