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Yes. There are circumstances whereby a court can order the transfer of property held in a trust.
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∙ 12y ago
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How do you nullify a deed of trust?
Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.
How do you transfer property out of a living trust?
You must look to the trust instrument for instructions. If there is no power in the trustee to transfer real estate recited in the trust document then you will need to have the situation addressed by a court order.
Would a Life Interest Trust have to be registered with a Court?
A life estate in real property must be filed in probate or filed in the land records office in order to be perfected as an encumbrance on the property.
If there are no funds in a trust just property how are the debts paid?
If there are no funds with which to pay the debts of the trust then the property must be sold in order to pay them.
What happens when two beneficiaries will not consent to an early termination on a trust?
You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.
How can real estate be removed from a trust?
You need to review the provisions in the document that created the trust to determine if the trustee has the authority to sell or transfer real estate. The trustee holds title to the trust property. If the power to sell is recited in the trust the trustee can execute a deed to transfer the property to a new owner. If the power to sell is not recited in the trust then you will need a court order to transfer title.
Who gets access to a living trust after the grantor dies?
All the provisions of a trust must be set forth in the document that create the trust. Only the trustee has 'access' to the trust property. After the death of the grantor the over-riding hope is that the trust was properly drafted. The powers of the trustee must be set forth in the trust document and those should include the power to transfer or sell the trust property and then distribute the proceeds to the beneficiaries. If the trust document does not provide for final distribution then a petition will need to be filed in a court of equity and a judge will need to issue a court order to distribute the trust assets.
What is a Trust Res?
The property owned by a trust is the trust res.The property owned by a trust is the trust res.The property owned by a trust is the trust res.The property owned by a trust is the trust res.
How do you break a trust?
Read the document that created the trust to find how the trust can be terminated. If there is no provision for terminating the trust you need a court order.
How can you buy your grandfather's property from a trust?
You need to contact the trustee of the trust and ask about purchasing the property. The trustee has only those powers outlined in the trust document. The trustee must have the power of sale in order to sell the property to you.
What is constructive trust?
A constructive trust is not one that is created by an individual. It is not a trust (express trust) in the true meaning of the term. It is a trust created by a court as a remedy when it decides that an individual is holding title to property unfairly. It treats the defendant as though it had been the trustee of an express trust. The court then compels the defendant to convey title to the property to the rightful owner. You can read more about constructive trusts at the link below.
Can an Irrevocable Trust be broken in Vermont?
Only by a court order.
