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During divorce proceedings, can a person who was placed as an executor of real property use or sell that property?

ADDITIONAL INFORMATION:

Land was purchased during the marriage and put into a trust for the children. The wife was placed as the executor. They are now divorcing and the husband is concerned that the wife will sell the property, in part or in whole, to fund her part of the divorce.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

Wife was named as a Trustee of a trust.  As a trustee, she has fiduciary responsibilities to follow the terms of the trust.  This trust may allow her to make distributions to herself.  It is impossible to answer your question without knowing the provisions of the trust.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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