QUESTION
Can a trustee sell/distribute property such as a car without notifying or getting permission the other heirs in the trust?
Asked on Jan 20th, 2021 on Trusts and Estates - Georgia
More details to this question:
Our paternal uncle recently passed away from COVID19 and heart failure. Our aunt/uncle had no children but a trust for the nieces and nephews named in the trust which one is me. My sister and cousin are trustees. There is known non communicating with my sister about our father's trust which makes me concerned if she will do the right thing legally.
1 ANSWER
4 Awards
Normally, a trustee is not required to get the consent of or provide notice to any beneficiary before selling trust property. That said, the trustee IS normally required to provide at least the main beneficiary of a trust with information about what is in the trust and what has come in and out of the trust in any given year, unless the trust itself limts the beneficiary's right to that knowledge. So, if your sister is your trustee and you are not receiving ANY information, then you should contact an attorney who is experienced in working with trusts and have the attorney help you figure out what your rights are and what you should have been receiving, along with your options for correcting the situation. It may be that you can have your sister step down (or have her removed) and have a different trustee brought in, if she really isn't doing a good job. Best wishes to you.
Answered on Jan 21st, 2021 at 5:05 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.