?can a trustee in california sell a house and refuse to split $ between the 2 beneficiaries?
rother to live in. how is that ok?
3 attorney answers
None of this should have been happening without your being involved. I know you think that every attorney always writes the same thing, but that’s only because most of the time the questions on this site are from people who desperately need attorneys. So yes, I’m going to say it. You need an attorney to look into this and possibly get you your inheritance righteps you have under the trust.
This is general advice. You are anonymous. If you PM me I won’t know what it’s about.
This is really a trust question so I am recategorizing the question.
Generally the trustee cannot self deal.
If you and your brother are both 50 / 50 beneficiaries of the trust then the trustee cannot sell trust assets and then use that trust funds to purchase a place for herself and a beneficiary to live while not distributing something of equal value to you.
Further, the trustee also has a duty to treat both beneficiaries equally, meaning they cannot distribute more to one then the other, (assuming a 50 / 50 beneficiary interest).
Finally the trustee also has a duty to account and report meaning they are to report the trust assets under their control. Usually this is done annually.
However, the trustee does not need your approval to sell trust property. Based on your statements the issue is in the fact that she has purchased a home for her and your brother to live with the trust assets while not providing a distribution or benefit of equal value to you.
I believe it might be a good idea for you to consult an attorney.
This response is for informational purposes only and is not tax, accounting, financial or legal advice which must be construed to specific facts and circumstances involved in any given situation. Further, this response does not nor is it intended to create an attorney-client relationship.