If a property is involved in a living trust and one of the beneficiaries doesn’t want to sell, what are the beneficary’s options to retain the property?

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If a property is involved in a living trust and one of the beneficiaries doesn’t want to sell, what are the beneficary’s options to retain the property?

I am part of a living trust as a named beneficiary of a 4 unit income property. My mother is the trustee. My sister is also named as 50% co owner of said property. I don’t want to sell the property because the market is so low right now, my sister does…she has 3 kids and no income. Today i expressed this opinion and my mom (the trustee) said she is just going to sell it anyway. Can she do this? Will I be forced into accepting the cash received from the sell of the property or do I have other options?

Asked on December 11, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the property that is part of the living trust that you write about can be sold or sold over objection of one of the beneficiaries would be determined from the reading of the trust itself. As such, I suggest that you carefully read the written trust in that most likely it will set forth a method to resolve your question.

If not, I suggest that you consult with a Wills and trust attorney to assist you concerning the question you are writing about. Possibly you can make an offer to purchase the property on your own if you do not want to sell it.


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