Legal Question in Wills and Trusts in Maine
real estate in trust
My mother deeded her mobile home to her living trust several years ago. There is an amendment to the trust leaving the mobile home to my niece when my mother dies. Now my mother is in assisted living with alzheimers and I am the trustee of the trust and AIF for finances and healthcare. The house is sitting empty (my niece already owns a house) and it cannot be rented. It is a financial drain. As trustee of the trust can I sell the home and put the money back into the trust to pay for her medical care?
1 Answer from Attorneys
Re: real estate in trust
The Trust document would need to be reviewed carefully to determine if the amendment is truly as binding as your question suggests. There is also the ability under certain circumstances for the Trustee to nevertheless sell the asset under the Probate Code. Unfortunately, without reviewing the Trust, a more specific answer cannot be given.
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