Additional Information:

There are 3 equal beneficiaries to the trust.  One of the beneficiaries is wanting to sell and the other 2 do not want to.  At any point can the house be sold or rented without all 3 in agreement?  Thank you.

ATTORNEY ANSWER:

In order to ascertain what the beneficiaries’ rights are under the trust agreement, you must first look at the trust agreement. Typically, the beneficiaries cannot demand from the Trustee that the trust assets are to be sold. The grantor of the trust would have to have been written into the trust document.

The terms of the trust govern all aspects on the ownership of the property. If the terms of the trust are unclear, you can petition a court for instructions, but that is a costly and time comsuming process. You may wish to consult with a trust attorney in your area.

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The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida, Waltham, Massachusetts, and Salem, New Hampshire.