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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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I am the successor trustee of a irrevocable trust. The trust

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I am the successor trustee of a irrevocable trust. The trust is not funded with cash only real property. There is a possible challenge to the trust. Can I as the trustee sell off part or all of the property to defend the trust.
Welcome! Thank you for your question.

In general you should have the authority in the trust to sell real property. Most all trusts contain provisions that allow for the trustee to sell real estate. You are going to need to consult with the trust and determine if the trust gives you the authority to sell real property. It would generally be in the trustee powers provisions at the end of the trust. It is possible that there is just a general reference to statutory authority. In most states this statutory authority does give a trustee the right to sell real property. Certainly so long as the trust or statutes give the trustee the right to sell real property then it is within fiduciary duty to sell the property to pay trust expenses.

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