I assume that the surviving brother was the successor trustee and was able to deed the property to himself. I also assume that the trust did not give the house to whichever brother died last, and that the trust had no "powers of appointment" that could be exercised in favor of specific grandchildren. If my assumptions are correct, it sounds like you have a breach of trust by the surviving brother in his fiduciary capacity as trustee. This wrongful conduct can be the subject of a petition to the probate court in the county in which the surviving brother lives (where the trust is being administered).
Answered on Nov 22nd, 2013 at 12:45 AM