There are three sons.theyre mom dies leaving a house that was inherited by a trust.the sons claim to clear the estate someone has to take the house.but...the brothers want theyre share from the one who takes it.even though the plan is to sell it and get an equal share.the brother claims that the one already staying there has to move out just to get it apraised.
This is generally correct but you should ask the trustee or hire an attorney to look at the trust.
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I would consult with an attorney in your area that practices probate law. This could be a tricky situation. Some of the issues will be complicated by one party living in and using the asset. It is best to get help ASAP. Good luck.
Much depends on the language of the trust and the authority of the trustee. Generally speaking, there is no way to split a large asset, so it must be sold and the proceeds from the sale distributed. Alternatively, it could be appraised and one of the parties could buy out the other two by paying their share. There is no reason why anyone would have to move out to have the home appraised. The bottom line is that you need to consult an attorney to really know what the trust says, and what the duty of the trustee is.
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