Tampa, FL asked in Estate Planning for Florida

Q: If a house is included in the trust, can a trustee sell it because of fear of future possible lawsuits

The trustee fears that he could be personally held liable if someone is injured in the benificiary trust held home if the beneficiary decides to supplement income through air bnb.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: The trust can purchase liability insurance for that.

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: This really cannot be responded to without a review of the actual trust document. There are just too many unknowns which may or may not be resolved by the language of the trust.

You should take the actual trust document and any amendments to an attorney in your area who practices in the area of estates and trusts to have this situation properly evaluated. Most trusts allow the trustee to be paid out of the asset of the trust for attorney's fees incurred in administering the trust.

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