Can 3 trustees sell house without the 4th trustee signing?

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Can 3 trustees sell house without the 4th trustee signing?

I am one out of 4 trustees named in my parent’s living trust. My father passed away and my mother lives with me. Can my mother sell the house without all 4 trustees signing? Can I be forced to sign if the other 3 trustees want to sell the house?

Asked on March 27, 2012 under Estate Planning, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to answer your question is to carefully read the living trust that you are writing about concerning your parents' living trust. It does not make sense that there are four (4) trustees all exercising powers as the trustees of the trust at once. The reason is that it could make getting things done complicated if there is not a unanimous decision regarding what needs to be done.

The answer to your question is on the trust document itself. It should set forth who is in charge as the trustee and if there are several trustees in charge the voting rights should be set. I recommend that you consult with a Wills and trust attorney further about your question and the need for him/her to carefully read the trust agreement with you.


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