Agent

Real estate excluded from living trust causes trouble

Trustee seeking sale encounters legal roadblock

DEAR BOB: I enjoy your articles, but now I need your help. My brother passed away, leaving both a living trust and a will. His trust named me trustee of his estate and assets. No probate was needed to distribute the living-trust property. However, the living trust did not say he owned 10 acres of vacant land near San Bernardino, Calif. My attorney advises not to try selling it because probate court expenses will be high. Being the only living family member (age 88), my brother's will names me to receive any remaining assets, such as the land. Can I sell the 10 acres without probate? I sure could use the money from the sale -- Felix McC. DEAR FELIX: Now you understand why I constantly advise real estate owners to include all their real estate in their living trusts to avoid probate. Your brother apparently forgot to deed his land into his living trust, thus causing you needless costs and delays. Purchase Bob Bruss reports online. Although there is apparently only the land asset that ...

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