House in trust

UPDATED: Oct 1, 2022

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House in trust

Our parents are deceased
and the house is in trust
with us three children
three siblings two girls
one boy one does not want
to sell the other to do
what happens how is this

Asked on May 25, 2018 under Estate Planning, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The beneficiaries do not directly have control over what happens to the trust property or assets: the trustee(s) decide what to do with the property, while following the instructions or rules for the trust set out in the documents creating the trust. (The documents creating the trust determine how it is run and what should or could be done with the property, money and other assets in the trust.) So the answer to your question depends on what the trust says should be done with the home, and what the trustee(s) decide to do within the rules set out for them.

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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