Estate Law Questions? Ask an Estate Lawyer.
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You mention that the land is in a trust, but then you state that none of the siblings in the will want the land.
Is there both a will and a trust in play here?
What do you mean you had to "put it back in the trust"?
Who is the trustee of the trust?
What does the trust state that is to happen to the assets in it?
Ok, what does the trust say about what happens to the assets in it?
Is there some unfulfilled purpose of the trust? (like a charity or foundation, or it lasts 20 years)
Who are the beneficiaries of the trust?
Does the trustee have the power to sell trust assets and distribute them?
Ok, that explains it then...
So yes, you can dissolve the trust if the trustee and all beneficiaries agree. Since the trust would be irrevocable, you would have to contact a local probate attorney to assist with filing a motion in the local probate court to dissolve the trust. Only a probate court judge can issue an order to dissolve a trust so the assets can be distributed to the beneficiaries. And this is only if the trustee and all beneficiaries agree and there is no unfulfilled purpose of the trust left to accomplish.
So since it would appear that everyone is in agreement and there is no material purpose left for the trust to accomplish, then this trust would be eligible to be judicially dissolved.
You are very welcome. Glad to help any time..
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