Land Trust Set-Up

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Land Trust Set-Up

3 sisters have inherited and deeded a 13 acre farm in Alabama.
Can the executrix solely put the property in a land trust or do all 3 have to sign off on the land trust?

Asked on March 10, 2018 under Estate Planning, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, an executrix cannot put the property into a land trust without the consent all the beneficiaries. The executrix's responsibility is to administrate the estate for the benefit of all the beneficiaries and act in their interest; that does not include putting land into a trust (which changes ownership; i.e. the property would be owned by the trust, not the beneficiaries) without their agreement *unless* there was a will which instructed that this should be done (the executix does have to follow the terms of any wil). The beneficiaries could, if necessary, bring a legal action to stop this.


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