Riverside, CA asked in Estate Planning for California

Q: Can a beneficiary of property in a will legally sell their part of the property 4 years before trustor dies.

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2 Lawyer Answers
David Ostrove
David Ostrove
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Yes, you can sell. BUT

You own a mere expectancy, with probably no value.

You may sell,

But, nobody is going to buy.

Because if you are named in the will or trust and the maker of the will or trust is still alive, he can change the will or trust anytime he wants to.

You do not have a vested interest to sell.

Only a mere expectancy.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: The beneficiary doesn’t own a percentage of the real estate until the current owner dies or sells it to the beneficiary. If the current property owner decided to leave the property to her favorite charity and update her Will (or trust) to reflect that change, the currently-named beneficiary would get nothing! So, if the currently-named beneficiary were to sell anything, it would be exactly what she has: an expectation or POTENTIAL right in property that could get taken away any time.

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