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My friend in Texas; said he could not sell his house... because house owned by a "land" TRUST? Is this true-possible; how???

Lewisville, TX |

He said he has to RENT out the house; and for a reason unknown to me; he has not been able to sell the house; because it is owned by a trust... (instead of a person or business)...

Attorney Answers 3


  1. We would all be guessing here, but property being held in a trust is not at all unusual. Further research is required to find the recorded documents which established the trust on the land, which may lead to further persons or documents governing the use of the property by the trustee and/or beneficiaries. To state it slightly differently, your friend can only sell what he owns, and since he is unclear on what if anything he owns you would need to investigate further if this is important. An experienced attorney (real estate or probate) in the county where the property is located would be able to direct you further.
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    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.


  2. A piece of property can surely be owned by a trust. The person who usually sells a piece of trust property would be the trustee of the trust. Not really clear what your question is.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. Sometimes, an owner will transfer his house to a family trust. Then technically, the trust would own the home, and the trust would be the seller. But, the family certainly could direct the trustee to sell if the family so desired.

    In the case of your friend, an attorney would have to read the trust papers.

    Good luck.

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