Ask Experts Questions for FREE Help !
Ask
    karrimarquez's Avatar
    karrimarquez Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 22, 2011, 07:54 PM
    Can I sale my 3rd of a home inheritated and in a trust?
    Iam 1/3 owner of a home that my father left to us when he passed away in June 2008. My sister is the executor. The home is free and clear of any mortgage or liens. She goes back and forth between wanting to sale it or holding onto it "when the market gets better" I have always wanted it sold. I can sale my portion to a private investor or anyone interested in purchasing my portion of the house?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Jun 22, 2011, 08:29 PM

    The answer would be yes, assuming that you are in fact a 1/3 owner. However your statement that your sister is the executor of your father's will suggests that the probate estate has not yet been distributed, in which case the answer would be different. If the probate case is still active and the house hasn't been distributed, you may have difficulty selling your interest.

    The title of your thread reveals that the property is in a trust. That's something else again. If it is in trust, the trustee, I would guess your sister, would be the one to decide whether to sell, not you.

    The other thing is, can you find someone to pay you 1/3 of whatever it is worth? Probably not. Buying an undivided interest in real property, especially when the other owners are strangers, is normally a very bad idea.
    karrimarquez's Avatar
    karrimarquez Posts: 2, Reputation: 1
    New Member
     
    #3

    Jun 22, 2011, 08:43 PM
    Im so sorry but I don't know what a "probate case" is? I do know that the deed is listed with the county as the Michael _ ________ Trust. Not in any of our (myself and 2 siblings) names. I know my sister knows even less than I do regarding this situation. I have a feeling she is renting out the house and or letting her family members from her mothers side live in the home. What can I do? I just really want out. Can I force her to sale?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

3rd Party Access to Trust fund [ 4 Answers ]

My mother recently told me that my father had set up a trust fund in my name to go to college. I was never told when it was set up. Mother and Father had been divorced since I was around two years old. Mother had remarried (and has been divorced from him for quite some time). She says that this...

Living Trust executor, sale of a home [ 1 Answers ]

I am the executor of an uncle who has just passed away. The trust states that the property in the trust is to be divided evenly 4 ways. His home is a large part of the estate to be divided amongst the beneficiaries. Hence, the question that I would like to ask: What steps should I take now to...

Revocable Trust (Grantor) Trust w/3rd party trustee [ 2 Answers ]

It was my understanding that if a grantor set up a revocable trust and a third party (let's say a bank) was named as trustee, the trustee was required to file a Form 1041. I am unable to locate any IRC or other guidance that would confirm or deny this. Please help. Thank you. Diana

Schedule C home depreciation and effect on eventual sale of home in the future [ 1 Answers ]

I am debating if I should take depreciation on my personal home onto my federal schedule C. Let me explain, My gut feeling tells me that when I eventually sell my personal home I will be forced to add back all the depreciation I have taken on my schedule C for all those past years as income for...


View more questions Search