Can I be forced to sell a house that I inherited in a Trust?

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Can I be forced to sell a house that I inherited in a Trust?

My mother passed away yesterday. Our family is meeting tomorrow and one of my aunts told me that she is the executor of my mother’s will and I am

the sole beneficiary of a Trust with a monthly living allowance the trust will

mature when I am 50 which is 4 years away and I will receive all benefits of

the Trust at that time. I was told very recently that they want to dispose of

all property, furniture, and take that money and put it in the trust. All I

desperately want is to keep my mother’s home for myself and live in it. Any

advice on this matter before I sit down with these individuals.

Asked on October 30, 2018 under Estate Planning, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the will specifically leaves the house to you, the executor cannot go against the will's instructions.  If the house is being left to the trust, the executor has the discretion or freedom to decide how best to carry out the will's instructions to leave the house to the trust and also maximize value for the trust, which may well be to sell the house now (before possibly it needs renovations or repairs; or instead of spending the money monthly to maintain it) and putting the cash into the trust.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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