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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40050
Experience:  30 years in civil, probate, real estate, elder law
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My grandmother created a skip a generation situation, although

Customer Question

my grandmother created a skip a generation situation, although I'm not sure it's technically a trust.my father, through whom the property is transferred, is 88 years old. My brother, with whom I will ownthe property at the death of my father wants to sell the property now. is this legal? We will own two houses which are on one lot in the city and cannot be split. I don't want to sell the property at all, but that's another problem. thanks in advance.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today..

Here only the trust can sell the property and since the trust passes it to you at his death unless father and you agree it cannot be done.A suit for partition wouldn't work here by the brother either.If you don't want to sell this is n't going to happen until your father passes and you are ready to sell.

Here the trustee of the proeprty controls everything pursuant to the term so of the trust.If the term so of the trust do not permit a sale at this point your brother won't be able to do anything.He may not like it but thats the way it is.I think you will be fine here no sale by trust until father deceases, or if the trust is revocable then father revokes it here in Virginia.

I appreciate the chance to help you today.Please let me know if youhave more follow up.

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