Legal Question in Wills and Trusts in Arizona

Re: Property use

That question cannot really be addressed without a review of the trust document.

In general, however, a trustee has an obligation to make trust property productive, meaning if the place could be rented and everyone receive a portion of the rent, that could be the more productive use of the property. A trustee also has a duty of impartiality, meaning they cannot manage the property in a manner that gives an advantage to any one beneficiary. Since this trustee is one of the beneficiaries, she is treating herself more favorably.

Again, this question cannot be fully and accurately answered without a complete review of the trust documents. Seek competent legal advice forthwith.

Re: Property use

If the decedent and trust were from Arizona, my answer would be that the beneficiaries have the entitlements set forth in the trust document, and the trustee has the duties set forth in that document and in our statutes.

See an estate attorney with copies of all the documents for a proper opinion. We offer free, no obligation consultations at 480.835.1500.

Best regards,

James D. Jenkins