• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need some more help...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mover1

Junior Member
What is the name of your state?
California
Is the trustee the same as the executor of the estate? I'm not too sure as to the definition of the trustee. So, one property is being divided equally, another is being divided three ways and the third is being given to one dependent. I'm concerned about the second because I have a greedy brother. I'm the dependent being given the chance to purchase the property that is to be divided among myself and two siblings. Problem is, the property value is so high, I was wondering if my parents could place a limit in their trust as to how much I can offer for this house instead of the actual value of the property and not allow any siblings to contest it all. Again, thank you for responding and any other info would be greatly appreciated.
 


S

seniorjudge

Guest
mover1 said:
What is the name of your state?
California
Is the trustee the same as the executor of the estate? I'm not too sure as to the definition of the trustee. So, one property is being divided equally, another is being divided three ways and the third is being given to one dependent. I'm concerned about the second because I have a greedy brother. I'm the dependent being given the chance to purchase the property that is to be divided among myself and two siblings. Problem is, the property value is so high, I was wondering if my parents could place a limit in their trust as to how much I can offer for this house instead of the actual value of the property and not allow any siblings to contest it all. Again, thank you for responding and any other info would be greatly appreciated.
Q: Is the trustee the same as the executor of the estate? I'm not too sure as to the definition of the trustee.

A: No; it could be the same person but that person would be wearing two hats.


Q: I was wondering if my parents could place a limit in their trust as to how much I can offer for this house instead of the actual value of the property and not allow any siblings to contest it all.

A: I doubt that such a provision would hold up in court...sounds like an unlawful restraint on alienation. That's legal gobbledygook that means a trust cannot make it harder to sell property without a danged good reason.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top