Real Estate Law
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Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
Are you saying the building is held by a trustee in a trust? There are 5 beneficiaries. Three of the beneficiaries want to sell the building? And the trustee does not want to sell the building?
So I am presuming the successor trustee is the other 1/5 owner. You possibly can address this issue with the court (i.e., request a sale of the property). Trusts are a bit different (then attempting a standard partition and sale) because the court will look at the original intent of the grantor (the creator of the trust). Also the court will look at the current circumstances. Further the court will look at the terms of the trust, such as whether the trust give the discretion to the trustee to sell the property and distribute the proceeds. Further, since one of the person is incapacitated, the court would most likely appoint a guardian ad litem for that person. Those are all the issues. We can continue to discuss this if you would like to do so.
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