If I’m looking at a piece of property that was originally in a Trust but was taken out to refinance and never put back in, can the estate administrator still legally sell it?

Asked on August 15, 2013 under Estate Planning, North Carolina

Answers:

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

Answered 7 years ago | Contributor

This is not an easy question to give guidance on with out reading all the documents involved here.  You say "administrator" so I a assuming that there is no Will, correct?  Because there are certain types of Wills that allow assets that were left out of the Trust to be placed in to it after death (called a "pour over" Will).  If there is not such a document and the Trustee is not contesting that the property pass via probate and not the Trust then the Administrator seems to have control under the basic facts you give.  But I would get an attorney on your team to make sure that all involved are in agreement of the sale - trustees and beneficiaries - to make sure that there are no lawsuits down the road.  Good luck.


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