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

[Paul Neumiller]

Sure, it's called the waiver of the right of partition action. I used language like that all the time for Co tenancy agreements and partnership agreements. I'm working with a family now that wants to transfer a family cabin to the Next Generation but prevent any one owner from the Next Generation to force a partition action which will force the sale for everyone's interest.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Josh Grant <jgrant at accima.com>
Sent: Thursday, July 29, 2021 1:08:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Clause in Trust that Prevents Forced Sale of Real Estate?

sounds like an unlawful restraint on alienation.

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Inge Fordham
Sent: Thursday, July 29, 2021 12:58 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Clause in Trust that Prevents Forced Sale of Real Estate?


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

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