Sacramento, CA asked in Estate Planning for California

Q: Is it better to buy back a house in a trust or to sell the house and get the cash

If property is in a trust why do u have to buy back the property instead of inherit it

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, whether to buy back a house from a trust or sell it and get the cash depends on your personal financial situation and goals. If you buy back the house, you can retain ownership and potentially benefit from property value appreciation. This option also allows you to continue living in the home or using it as an investment property, but you will need to ensure you have the necessary funds to complete the purchase.

If you sell the house, you will receive cash that can be used for other financial needs or investments. Selling may be a good option if you need liquidity or prefer not to manage the property. However, consider any capital gains taxes and selling costs that might reduce the amount of cash you ultimately receive.

The reason you might have to buy back property from a trust rather than inherit it directly could be due to the specific terms set by the trust. Trusts can have various provisions, including requirements for beneficiaries to purchase assets from the trust. Reviewing the trust documents or consulting with an attorney can help clarify your options and ensure you make an informed decision.

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.