Buying Property From the Trust

A trustee needs to approach all beneficiaries if another beneficiary would like to purchase property from a trust. Attorney Stewart Albertson explains how to have that conversation and approach the scenario.

Transcript

[Music] So there are times where a trustee is approached by one of the trust beneficiaries and the trust beneficiary says hey I really like the cabin and Big Bear I'd like to buy the cabin and Big Bear can you sell it to me and the trustees response should be it depends it depends on how other trust beneficiary feel about that so as a trustee that trustee would want to approach all beneficiaries and say hey this one beneficiary wants to buy the Big Bear cabin I've had it appraised by an independent appraiser and it's X dollars and the beneficiary is willing to pay X dollars for it is everyone okay with that and as long as all the beneficiary sign off on that chances are that's going to be an okay transaction the problem occurs when one of the beneficiaries or more the beneficiaries have a problem with another beneficiary purchasing trust real property and there is a trustee you have a choice to make you can petition the probate court and ask the probate court is it okay that I allow this one beneficiary to buy the Big Bear cabin or you can ask the probate court should I liquidate everything and then just make distributions of cash to everyone so two basic ways to address this number one do it by consent of everybody involved if anybody or more than one person objects go to court and ask the court what should I do here your honor can I sell it to the one beneficiary at the appraised value I came at or should I liquidate it sell it to a third party arm's length transaction and then give cash to everyone else that's a beneficiary albertson and Davidson is here to help you fight for your inheritance check out all day long for our complete library of helpful legal videos and articles from your favorite California trusts and we'll litigation law firm Albertson and Davidson LLP.