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Can I force my house to go into sale in a trust?

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pizzaroma

New member
Hello,
I'm considering putting my house in a trust. The house has no mortgage. If I put my house in a trust and I die, can I have a stipulation in the trust that the house will be sold and the proceeds will be split among people I choose?
Thank you.
 


Zigner

Senior Member, Non-Attorney
Hello,
I'm considering putting my house in a trust. The house has no mortgage. If I put my house in a trust and I die, can I have a stipulation in the trust that the house will be sold and the proceeds will be split among people I choose?
Thank you.
You didn't tell us your state, so please understand that my answer is based on general US laws.

Generally speaking, yes, you can do that.
Make sure you set it up right. Speak to an attorney, at least for a consultation.
 

Litigator22

Active Member
Hello,
I'm considering putting my house in a trust. The house has no mortgage. If I put my house in a trust and I die, can I have a stipulation in the trust that the house will be sold and the proceeds will be split among people I choose?
Thank you.
I have to question that you are cognizant of the disadvantages were you to transfer legal ownership of your home to a third person or entity. Even if the trust were revocable, difficulties would be encountered should the need to reassert the rights and control attributed to full ownership suddenly arise.

Tell your attorney what you wish to accomplish. Don't rely on the advice of strangers.
 

zddoodah

Active Member
Yes. The most common trust is simply a tool to avoid probate. It typically will say that, upon the death of the trustor, the trust estate should be liquidated (except, possibly, for some specific gifts) and the proceeds used to pay bills, with the balance divided among the contingent beneficiaries.
 

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