Legal Question in Wills and Trusts in Massachusetts

Selling of property held in trust

We are four siblings. We have a piece of land that was left to us in trust. 2 of us are co-trustees. We, along with a third sibling, want to sell. Do we have the power to sell without the fourth's permission? What can the fourth do to hold up the sale?


Asked on 6/21/09, 8:15 pm

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Selling of property held in trust

Read the trust to determine what rights the trustees have to sell and what if any vote by the beneficiaries is needed. If in doubt retain an attorney. Good Luck!

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Answered on 6/21/09, 9:35 pm

Re: Selling of property held in trust

The Trust will indicate what rights the Trustee's have to sell the property as well as the rights of the beneficiaries. Without more information as to whether one of you resides at the property or any special conditions in the trust it is impossible to answer your question accurately.

I assume the sale will be to a third party, meaning not a beneficiary or a trustee, so as long as the sale is for market value, the purchase price will not be the issue in the terms of sale.

Please feel free to contact me if you have more questions.

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Answered on 6/21/09, 9:54 pm


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