On This Page
Many families hear:
“The house is in the trust.”
and assume that answers every question.
It answers one important question only if the property is actually titled correctly and the trust documents support the contemplated action.
The trustee should confirm legal authority with the appropriate estate attorney.
Once that is established, selling trust property begins to look much more like a real-estate transaction.
Who Signs?
The authorized trustee generally signs in the appropriate representative capacity rather than pretending the property is personally owned.
Title/escrow and legal professionals can confirm documentation requirements.
Can the Trustee Choose Any Price?
The trustee should understand their responsibilities under the trust and applicable law.
From a real-estate standpoint, Lisa can provide objective market evidence supporting a pricing strategy.
What If Beneficiaries Disagree?
This can become emotionally difficult.
Lisa can explain the market.
She cannot resolve a legal dispute over trustee authority or beneficiary rights.
When disagreement becomes legal rather than merely emotional, counsel should become involved.
Should Trust Property Be Sold As-Is?
Maybe.
Lisa wants to see the house first.
A dated home may need only:
- Deep cleaning.
- Landscape cleanup.
- Minor repairs.
- Freshening.
- Professional photography.
A severely distressed property may require a completely different strategy.
Important
Trustee lives in another state? A nationwide Property DNA report can give you another layer of information before you see the house in person.
Property DNA Can Help Organize the First Review
Lisa can request a free Property DNA report to supplement the family's property information.
That can be especially useful when the trustee lives elsewhere and doesn't know much about the property.
