Yes, a home held in trust can be sold by the current trustee(s). Selling a home that is held in a living trust is a common question for those who have set up trusts to manage their assets or for those who have inherited those assets. A living trust, also known as a revocable trust, is a legal entity created to hold assets during a person's lifetime and to distribute those assets according to the terms of the trust upon their death.
Understanding Living Trusts
A living trust designates a trustee (often the trust creator or a successor trustee) who manages the trust assets, including real estate. Since the trust owns the home, not the individual, the trustee has the authority to handle all transactions related to the property, including selling it.
Steps to Sell a Home in a Living Trust
- Identify the Trustee: The trustee must initiate and oversee the sale of the property. If you are the trustee, you will act on behalf of the trust. If you intend to sell real estate held in a trust, you will need the assistance of an Attorney/Realtor rather than a traditional real estate agent who is barred from addressing the legal issues you face.
- Prepare for the Sale: Like any property sale, you need to prepare the home for listing and marketing. This includes completing necessary repairs, cleaning, and possibly staging the home.
- Valuation and Pricing: Determine the market value of the home to set an appropriate selling price.
- List the Property: Work with an Attorney/Realtor who has the legal and real estate experience to sell properties held in trusts.
- Negotiate and Accept an Offer: Review offers with your Attorney/Realtor and negotiate terms as needed. Once an acceptable offer is made, the trustee can accept it on behalf of the trust.
- Close the Sale: The closing process involves legal and financial procedures to transfer ownership from the trust to the buyer. The trustee will sign the necessary documents. Never sign anything without the advice of a real estate attorney.
There are numerous legal considerations that must be addressed in the course of selling a home held in a living trust. At Lawyers Realty Group, we offer free legal services as part of the listing and sale process to California homeowners in these situations. Call (949) 264-0966 today and speak with an Attorney/Realtor for free. You will receive a comprehensive review of the trust documents and a detailed understanding of any specific instructions or restrictions regarding the sale of trust assets as well as potential capital gains tax implications from the sale of the property. We will ensure compliance with legal requirements and facilitate a smooth transaction.
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