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Can a trust sell and buy real estate?
Anonymous3 views3 answers
My sister is handicapped and her home is in a trust set up for her by our mother prior to my mother's passing. The home needs a lot of work and is too big for just my sister. Can the trust sell the property and purchase something smaller, e.g. a condo? The property and trust are in Massachusetts.
Thanks,
Kevin H.
This depends on the language of the trust. The person responsible for the affairs of the trust is the trustee (not the beneficiary). Look to the section of the trust that discusses the trustee powers. If the trust allows it, the trustee can sell the property and use the proceeds to purchase a condo. If you are unsure after reading the trust then I recommend a trust attorney in your area review it for you, or discuss this with whomever wrote the trust.
Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
The language of the trust will control what the trust can and cannot do. You need to review the trust to see what power to act is conferred on the trustee. If after a review, you need assistance, contact the drafting attorney or another MA attorney for assistance.
First source of information on this is the trust instrument language about trustee powers. Second source is the law of the state which is indicated in the trust document as controlling. Third source of law is where the land and beneficiary reside. The beneficiary should ask the trustee if this is allowed and if the trustee will do it. The trustee should hire a lawyer to assist in the answer if there is any question about this whatsoever.
