Q: my husband has a cabin that is in a trust from his mother that names he and his brother as trustees. can he sell it
A: It probably depends on the terms of the Trust instrument. If your husband and his brother are co-trustees, his brother's consent may be required to permit a sale. If the Trust instrument was well drafted, it may have a provision for resolving disagreements between the co-trustees. If so, those provisions would have to be followed before sale. If not, the co-trustees may be deadlocked and a court would probably have to resolve the problem.
If your husband is the sole trustee, and his brother the successor trustee, he may be able to sell if the Trust grants him the discretion to do so. He would need to be careful to act for the best interest of all the beneficiaries and within the bounds of permitted discretion or he could become liable for breach of fiduciary duty.
Your husband should take a copy of the Trust instrument and consult an experienced trust lawyer for guidance in his specific situation. He should also check the terms of the Trust for attorneys fee provisions. Often a Trust is set up to pay for the attorneys' fees of the trustee, if needed. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.