Can I be forced to sell a house that I inherited in a Trust?
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Can I be forced to sell a house that I inherited in a Trust?
My mother passed away yesterday. Our family is meeting tomorrow and one of my aunts told me that she is the executor of my mother’s will and I am
the sole beneficiary of a Trust with a monthly living allowance the trust will
mature when I am 50 which is 4 years away and I will receive all benefits of
the Trust at that time. I was told very recently that they want to dispose of
all property, furniture, and take that money and put it in the trust. All I
desperately want is to keep my mother’s home for myself and live in it. Any
advice on this matter before I sit down with these individuals.
Asked on October 30, 2018 under Estate Planning, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the will specifically leaves the house to you, the executor cannot go against the will's instructions. If the house is being left to the trust, the executor has the discretion or freedom to decide how best to carry out the will's instructions to leave the house to the trust and also maximize value for the trust, which may well be to sell the house now (before possibly it needs renovations or repairs; or instead of spending the money monthly to maintain it) and putting the cash into the trust.
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