Do all benificiaries of a Trust need to sign a document stating that they are in agreement to sell real estate before it can be sold to settle the estate?

Asked on June 26, 2014 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Here is the thing: the terms of the trust generally govern what you can and can not do.  What kind of trust is it?  A nominee trust perhaps which is used to hold title to real estate while maintaining the privacy of the trust owners?  Then the owners can agree to sell (in writing is always best) and the trustee will have very little to say.  But if the Trustee is given full authority then things could get tricky.  Take the document to an attorney to review before you sign anything.  Good luck.


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