Our mom has a revocable living trust for the house being divided equally to 4 kids. Our question is in the will it

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Customer: our mom has a revocable living trust for the house being divided equally to 4 kids. Our question is in the will it states the house cannot be sold ever. Does the living trust over rule the will ? In Idaho do we have to honor this our can the 3 adult kids make the 4th adult kid sale the house since he cannot financially afford it?
JA: What documents or supporting evidence do you have?
Customer: I have everything but would take a few minutes to scan into the computer.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we are just trying to figure out what we (sisters) can do when our mom passes. Our brother has lived there for 25 years for free but cannot afford to live there with out us.
Answered by Barrister in 5 mins 2 months ago
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Barrister
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Barrister, Expert

Hello and welcome! My name is ***** ***** I am a licensed attorney and I will do my best to help with your situation.

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I know your question is important, but there may be a short delay in my responses as I type out an answer or reply

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I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

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Barrister, Expert

The house is either 1. in the trust or 2. in her name personally and in her estate when she passes to be controlled by her will. It can't be both.

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So right now, is the deed in her name personally...or does it list the trust as the legal owner?

Customer
The trust
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Barrister, Expert

Then the trust controls what happens to it, not the will. The will only controls assets in mother's personal name when she passes.

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Barrister, Expert

So the will means nothing at all with regard to the hosue.

Customer
Can we make our brother sell the house since he can't afford upkeep?
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Barrister, Expert

Yes, any owner can force a sale to cash out their interest with a "partition action" in court if not all owners agree to sell. A judge orders the house sold at public auction to the highest bidder then the money is divided up.

Customer
Thank you very much..
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Barrister, Expert

You are very welcome. Glad I could help.

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It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question thread on the website with the title "For Barrister” or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

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Have a great afternoon and be safe!

Barrister


Customer
I will save. Thank you
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Barrister, Expert

Glad to help.

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