Legal Question in Wills and Trusts in Indiana
Can things be sold out of a trust without the beneficiaries of the trust being notified?
Asked on 6/13/12, 2:15 pm
2 Answers from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
Usually, yes. It depends on what the trust document says.
Answered on 6/14/12, 12:23 pm
Voyle A. Glover
Attorney at Law
More than likely, a Trustee has the power to sell or transfer assets of the trust, so long as it is within the powers given him or her (or "it" if it's a bank). There is seldom a requirement in the trust that the Trustee notify the beneficiaries. There is no statute requiring the Trustee to notify the beneficiaries. Sometimes, if there are probate proceedings, there might be some kind of requirements of notification. It's going to depend on the circumstances. Wills and trusts are different and the requirements for a trust and a will are different.
Answered on 6/14/12, 12:33 pm