How Trust Language Can Prevent Family Fights Over Real Estate

Real estate can create major problems inside an estate plan when beneficiaries do not agree on whether to keep, sell, or divide a family property.In this episode of The Legal Exchange, Todd Lutsky and Susan Powers discuss a New Hampshire case involving family real estate, trust assets, and a trustee who was found to have breached his fiduciary duty. Todd explains how properly drafted trust language can give beneficiaries equal options, force a sale when needed, protect property from divorce, and help keep assets in the bloodline. They also examine a Connecticut case involving a person who died without a will, why it is critical to clearly define who is included or excluded from your estate plan, and how Cushing and Dolan’s trust language can help avoid disputes involving children, stepchildren, and beneficiaries born outside of marriage. Plus, Todd answers listener questions about irrevocable trusts, Medicaid eligibility, rental property sales, life insurance, and last minute nursing home planning.