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Barrister, Attorney
Category: Business Law
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Experience:  15 years practicing attorney, JD, BA, MBA
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I am the successor trustee of an irrevocable trust. The trust

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I am the successor trustee of an irrevocable trust. The trust is funded only with real property. There is a possible challenge to the trust. As the trustee can I sell all or part of the real property to cover legal expenses.


Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
Typically yes, you would have the power to liquidate trust assets in order to pay for legal representation necessary to defend the trust from challengers. A trustee normally has the power to take any actions necessary to ensure that the trust is upheld and the directives of the trust are followed. The powers specifically granted to the trustee are noted in the trust document itself and normally say something to the effect that the Trustee is granted the authority to take all reasonable measures to protect the trust.






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