Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My grandmother created a skip a generation situation, although…

Customer Question
my grandmother created a skip...
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: 3 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
6/22/2015
Lawyer: Ray, Lawyer replied 3 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,895
Experience: 30 years in civil, probate, real estate, elder law
Verified
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.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,895
48,895 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have an 84 year old father and my mother is deceased. My
I have an 84 year old father and my mother is deceased. My father owns his house and has lived there for the past thirty plus years. He is coming to the age where he needs some care. My brother wants … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,185 satisfied customers
My father passed away in Dec and left me as executor of his
hi! My father passed away in Dec and left me as executor of his estated. His will states that everything that all his assets must be divided equally amoung his 5 children. Years ago dad's wishes were … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I live in a house we built 18 years ago Inbetween my mother
I live in a house we built 18 years ago Inbetween my mother in laws house and my brother in laws house. We share a well that is in my father in laws name between us and my brother in law. For 18 years… read more
rsa.esq
rsa.esq
Counselor at Law
Juris Doctor
73 satisfied customers
My father recently passed away and has in will to split house
My father recently passed away and has in will to split house to my brother and I. My mom is still alive and living in house. My brother has been renting upstairs for 7 years helping to pay 1/2 the mo… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
My mother just passed away this past Saturday. She and my
My mother just passed away this past Saturday. She and my deceased grandmother's (grandmother passed away a few years ago) names are XXXXX XXXXX house deed. My brother and I thought the house would co… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
An unmarried man and woman who have been together for several
An unmarried man and woman who have been together for several years live together with her children in a house in one city in New Mexico. They move to another city in New Mexico as a family. A family … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I am the DPOA for financial and healthcare desicions for my
I am the DPOA for financial and healthcare desicions for my 88 yr old father. He owns 5 pieces of farmland. After the 1st of the year, I thought it would be wise to transfer the property out of his na… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
my mother and father moved to Round Rock Tx in 2001 to take
my mother and father moved to Round Rock Tx in 2001 to take care of my mothers mother. My grandmother. My grand mother was living in her home in round rock and lost her sight and gave permission to my… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
MY FAMILY WAS A VICTIM OF MORTGAGE FRAUD BY ANOTHER FAMILY
MY FAMILY WAS A VICTIM OF MORTGAGE FRAUD BY ANOTHER FAMILY MEMBER. MY BROTHER TRICKED MY MOTHER INTO SIGNING A QUIT CLAIM DEED IN 2003 FOR A LOAN ON THE PROPERTY. THE PROPERTY WAS THEM OWNED BY BOTH P… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Hello Help, I have a question regarding my grandmothers will.
Hello Help, I have a question regarding my grandmothers will. She passed away last year and my father was named the executor of the account. Is it possible to gain a copy of my grandmother will as her… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
My father pass on July 23, 09. in a nursing home where my 27
My father pass on July 23, 09. in a nursing home where my 27 yrs old brother,( we do not have the same mother ) put him in. signing my dad name giving away his home. my dad has a reverse morgage on hi… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
My brother and I are trustees of my fathers estate which consists
My brother and I are trustees of my father's estate which consists mainly of properties which include his house where he resided until his death in 2006. We currently have secured a loan to improve th… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
My Grandmother passed away in August of 2007, she had three ...
My Grandmother passed away in August of 2007, she had three surviving children, everything was split three ways. She owned a home left to her by her late husband but since her name was not on the titl… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
grandmother passed in 1985. left no will. two daughters.
grandmother passed in 1985. left no will. two daughters. one of which passed recently and left four children. my question is about real estate property left by my grandmother. my mother quit claimed h… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hi...My father took ill suddely and likely not to ...
Hi...My father took ill suddely and likely not to recover.He has always taken care of his 88 year old Mom and is the executor of her estate.He has the actual deed to her property too.His brother(only … read more
truthfinder
truthfinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 satisfied customers
This regards XXXXX XXXXX in Kansas. My father died 10 years ...
This regards XXXXX XXXXX in Kansas. My father died 10 years ago with a will leaving all properties to be split between my brother and myself 50:50 after all bills were paid. Previous to my father deat… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Do my deceased fathers siblings have to give my ...
Do my deceased father's siblings have to give my mother any of the proceeds from selling my grandmother's house?… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers
My Grandfather just passed away 2 weeks ago. My Father was ...
My Grandfather just passed away 2 weeks ago. My Father was an only child. My Step Grandmother didn't have any kids of her own, but has 7 nieces and nephews. My Father's name has been on their checking… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x