Legal Question in Wills and Trusts in Illinois

Can one of four of the beneficiaries of a trust in Illinois dissolve the trust? My Father passed away and left his house in trust in 4 names and one of the four wants his money NOW and nobody else wants to sell the house in this market. Can he force us to sell?


Asked on 1/19/11, 9:44 am

1 Answer from Attorneys

Can one of four . . . : no unless the trust provides for it on those terms.

Can he force us to sell . . . : you're talking about the possibility of a "partition" action where there is a deadlock but with 4 people the majority may rule. Part of it may depend on who holds power of direction over the trust if a land trust, or who the trustee is if a living/testamentary trust. Take the trust agreement to a lawyer like me who does real estate and related work for review and full assessment of your options.

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Answered on 1/25/11, 7:56 am


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