The court ruled for the trustee because of the specific language used in the trust. Since the language merely expressed a desire on the part of the settlor for the ranch to not be sold but did not absolutely prevent it, the trustee was free to sell the ranch.

You can go online, answer a few questions and you have a trust. However, the big question is whether that trust will hold up under the scrutiny of a court.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances and may include a trust.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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