Trustee Power To Sell Property

State:
Multi-State
Control #:
US-8207
Format:
Word; 
Rich Text
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Description

This is a multi-state form covering the subject matter of the title.
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  • Preview Power of Attorney by Trustee of Trust
  • Preview Power of Attorney by Trustee of Trust
  • Preview Power of Attorney by Trustee of Trust

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FAQ

If the trust is a simple revocable living trust used to avoid probate, the grantor and the Trustee are one and the same individual. There are no restrictions as to what the Trustee can do ? Trustees can buy and sell property in the name of the trust at any time.

In a trust sale, the buyer won't have to take any special action. The instructions for the sale of the home are left in the trust by the deceased homeowner. This allows the estate to act without the court system becoming involved. Usually, this results in significant savings of both time and money.

A trustee does not need beneficiary approval to sell trust property. However, a trustee who wants to avoid litigation would be wise to at least seek approval of the trust beneficiaries, and, at a minimum, be able to substantiate why the property was sold and how that sale benefited the trust beneficiaries.

Trustee Seller means each Seller that holds Acquired Shares in their capacity as trustee of a trust.

Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.

More info

The Trustee can either sell the real property as the Trustee and deposit the sale proceeds into a trust account or transfer the title to themselves (as beneficiary) and then sell it. Trustees can sell a home if this is in line with their fiduciary duty per the trust document.A trustee does not need beneficiary approval to sell trust property. The short answer to whether a trustee can sell trust property is yes and no; it all depends on what the trust agreement says. Some trusts have a provision stating the trustee must consult the beneficiaries before selling certain property, but a majority do not. The trustee can be granted the power to sell trust property including real estate in the trust document. If the trust document grants the trustee the power to sell the property, the trustee can begin the process of listing the property for sale. So the answer to our original question is an emphatic "NO. The trustee in a trust relationship has the legal authority to handle, manage, and sell assets, while the beneficiary receives the benefits of the assets. C, the person for whose benefit the property is held, is known as the beneficiary of the trust.

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Trustee Power To Sell Property