Can a trustee refuse to close the trust until the main beneficiary has agreed to share what he inherited equally?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a trustee refuse to close the trust until the main beneficiary has agreed to share what he inherited equally?
My brother and my mom agreed 9 years ago that he would live with her and buy her house for monthly payments until her death. He was not regular in his payments but my mom did not revoke the trust she set up the following year, which granted the house and land (22 acres) to him alone. This brother was named trustee but he was pressured to resign in favor of the 2nd named – 2 days after Mom died 3 years ago. The 2nd trustee and another sib have tried for 3 years to force the grantee to sell the whole property and divide it equally. The trustee will not close the trust to let him have the deed or deduct my mom’s mortgage and screams at him too.
Asked on November 22, 2012 under Estate Planning, Minnesota
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
The beneficiary will need to take the trustee to court for violating the terms of the trust, who can be liable for all attorney fees and costs personally, in obtaining the necessary court order to put the beneficiary of the land on title. Obtain yourself a probate litigation attorney, who can bring a legal action on your behalf. Don't let that other sibling push you into something or signing of any document without the advice of a legal counsel.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.