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Family trust gone wrong

New York |
Filed under: Family trust

My husband and I owned a real estate property with his brother 50/50. When we got divorce we created a trust and filed it against the property stating that when our son turned 18yrs, the property will either be purchased by the brother or be put up for sale and 1/2 the proceeds must be given to our son and daughter equally. The brother now claims he is unable to purchase the home but do not want to sell. My ex husband, myself are the trustees. My Ex does not want to get into a dirty battle with his brother. How do I get the trust terms met? Where do I start? What can I legally do?

Attorney Answers 2


You should engage the services of a Trusts & Estates attorney who can bring an action to enforce the terms of the trust. Simply taking the step of bringing the lawyer in may result in a settlement.

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You will likely have to commence a proceeding to force the sale. Alternatively, depending on the terms of the divorce judgment, and the trust, you may also be able to do so within the confines of the existing divorce action that resulted in the divorce judgment. You may also be entitled to legal fees, depending on the terms of the documents.

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