Q: Can a beneficiary of property in a will legally sell their part of the property 4 years before trustor dies.
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.
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.
1 user found this answer helpful
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.