Q: If a house is held in a living trust controlled by three executors, is there a way to sell the property if one wont sell
The living trust is controlled by three brothers - one of the brothers At odds with the other two and refuses to sell the property. Is there a way to get past this when the other two do want to sell the property? The brother with the issue contributes nothing to the maintenance or management of the property.
A:
This is a great question. The first thing is to look to the trust document to see if provides for a tie breaker or if it addresses removal of a trustee. The trust may have a "trust advisor" appointed to mediate disputes and/or remove a trustee. If there is waste being committed the beneficiaries may have a cause of action against the uncooperative brother. Assuming that it is a boilerplate document it may not. Unfortunately, the matter may need to be litigated in order to come to a resolution.
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