QUESTION

Can I contest the actions of a trustee selling a house that is in trust?

Asked on Sep 23rd, 2013 on Trusts and Estates - California
More details to this question:
I'm the beneficiary in a will and trust made by my father, who is Currently has Alzheimer"s.  The trustees named are my three Sisters.  Two of them are blood related by marriage, and the other is my little sister.. I suspect the other two siblings of leaving the other trustee out of the loop on how this trust is being handled. What can be done to hold the two other trustees accountable on how the trust is being managed.     
Report Abuse

1 ANSWER

Taxation Attorney serving Santa Monica, CA at Lyster, Inc.
Update Your Profile
Your first resource must be the instrument by which the trust was created and any amendments to it.  It will specify whether the three trustees must act unanimously or if "majority rule" prevails.  If the trust instrument does not specify, California law provides that the trustees must act unanimously, and I assume your "little sister" can stop bad things from happening.  If the trustees must act unanimously, your little sister will need to sign documents in order for th house to be sold. If the trustees may act by majority rule, your little sister has the right to know what the other two are doing and to report that to the beneficiaries (including you).  That right can, if necessary, be enforced by a court.  The trustees are required to invest trust assets prudently and to follow the terms of the trust.  The trustees are bound by fiduciary duties to the beneficiaries (including you). The trustees ar required to report and account to the beneficiaries.  Assuming the trustees are not doing these things, you have a right to seek relief in a court.
Answered on Sep 24th, 2013 at 3:20 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters