[WSBAPT] Clause in Trust that Prevents Forced Sale of Real Estate?

Inge Fordham inge at fordhamlegal.com
Thu Jul 29 12:58:10 PDT 2021


Colleagues,

I have a client who wants to transfer the family house into a revocable living trust, which will instruct that the house go to each of three children (to share equally) upon his demise.  The client is asking whether we can include language in the trust stating that none of the children can force the sale of the property.  It would seem you might be able to include language regarding right of first refusal but I wouldn’t think you could prohibit one of the children from filing a partition action to force the sale.  Has anyone dealt with this specific issue?

Thank you in advance,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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