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The current life estate trustee no longer want to upkeep the house and wants to sell it. Can She? Can she abandon the property?

Santa Rosa, CA |
Filed under: Trustee

The trust after her death goes to the daughter, again a life estate and when she dies the estate goes to the grandchildren. If the current widow can sell the house does the money go directly to the grandchildren. If she abandons the house does it revert to the next trustee or can it go again directly to the grandchildren, all now over 18 years of age.

Attorney Answers 3


  1. It depends on the terms of the trust. The trust needs to be reviewed. You should contact a local attorney immediately and bring them the trust.

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  2. I agree with Attorney Shultz. You have not provided enough information to really determine what is happening. The trust provisions are very likely to answer your questions. If they are not clear to you, then you should have a trust attorney review the terms to help you determine where you stand.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. So there are TWO Life Estates - which essentially means that the current Life Estate holder cannot sell the property, as it would go to the daughter (for her life) before it ends up in the outright ownership of the Grandchildren (as tenants-in-common). I'd get a California Estate Planning to review the Trust document and provide guidance. See Avvo.Com under Find-A-Lawyer. Good Luck.

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