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

UPDATED: Mar 27, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 27, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption