Wednesday, February 25, 2015

Can a trust property be sold for more or less then the appraised price?

Question

Can a trust property be sold for more or less then the appraised price?



Answer

Of course. While an appraisal is an accurate guess as to the fair market value of a property, the true value is what an arms-length buyer will pay for it. Your question doesn't mention any of the factors being considered by the trustee, the difference in value, or to whom the property is being sold, so my recommendation would be to make an appointment with an attorney to review the trust instrument and give you real actionable advice. Generally speaking, a trustee has a fiduciary duty, and a sale for less than fair market value or a sale to specific persons could raise issues of self-dealing or breach of fiduciary duty.



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