QUESTION

Parents trust left everything to co-trustees my brother, sister and I. They say majority rules so I am getting cut out of trust. Can they do that?

Asked on Mar 05th, 2016 on Trusts and Estates - California
More details to this question:
In the trust, my parents left everything to the trust. They left some money to their church under the heading of "specific gift", Under "Administration of trust estate - Remainder".It reads " At the death of the surviving spouse, the trustee shall distribute the remainder of the trust estate equally to the wife's children" (my siblings and I) My siblings are basing their case of cuting me out of the trust under the section titled "Office of Trustee" Action by majority of Trustees - General. "Any action taken by a majority of the trustees in office shall be binding on this trust and third parties may rely on such action, In such case, signatures of a majority of the trustees shall be sufficient to transfer or encumber assets." So parents specific wishes can be "voted" not to be followed? Why would an attorney tell them that is legal? My mom lived in Florida when she passed away, I live in California
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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If your parents lived in Florida when they passed and the trust is administered in Florida, then you will need a Florida attorney.  So please seek a Florida attorney. It will depend on Florida law, but in general, the successor trustee is not able to change the terms of the trust or how much a beneficiary of the trust receives.  That is a breach of fiduciary duty to act in the best interest of all of the beneficiaries.
Answered on Mar 06th, 2016 at 9:39 AM

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