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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33730
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Our mother passed away and the land is in a trust. Non of

Customer Question

Our mother passed away and the land is in a trust. Non of the siblings in the will want
the land. Can the land be sold and divided among the siblings if all are in agreement to
sell the land. They all want to do this and break the trust. Is it possible to do this?
K. Logan
Submitted: 12 months ago.
Category: Estate Law
Expert:  Barrister replied 12 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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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.

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Is there both a will and a trust in play here?

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What do you mean you had to "put it back in the trust"?

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Who is the trustee of the trust?

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What does the trust state that is to happen to the assets in it?

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thanks

Barrister

Customer: replied 12 months ago.
The oldest sister is the trustee. We sold one section of land and divided among the siblings, no problem. But the second
section of land was sold and the attorney says that the money from the sale has to go back into the trust. That the trust
had to show a profit or loss. It makes no sense to us, we all want to dissolve the trust. There is still a
20 acre and 40 acres to sell. Why can't we split the money from the sell like we did on the first sell if we are
all in agreement to do so?
Expert:  Barrister replied 12 months ago.

Ok, what does the trust say about what happens to the assets in it?

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Is there some unfulfilled purpose of the trust? (like a charity or foundation, or it lasts 20 years)

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Who are the beneficiaries of the trust?

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Does the trustee have the power to sell trust assets and distribute them?

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thanks

Barrister

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thanks

Barrister

Customer: replied 12 months ago.
Mom's will put the land in the trust. She was in hopes the children would move back home. But we all have our lives away
from where she lived. There is no charity or foundation. The land was left it the trust for us kids, (one sister, 3 brothers).
Sis is over the trust. But, we all want to dissolve this trust and just sell the land. Is this possible?
Expert:  Barrister replied 12 months ago.

Ok, that explains it then...

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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.

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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.

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thanks

Barrister

Customer: replied 12 months ago.
Mr. Barrister,
I thank you for your input in this matter. I will let my sister know what you have told me.
I would give you all five stars Mr. Barrister.
Thanks, Karen
Expert:  Barrister replied 12 months ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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