Legal Question in Wills and Trusts in California
father passed away 5 yrs ago and he left his estate in a family living trust; the executor my brother has done nothing at all since my father passed; some siblings want to sell others do not; Currently two of the siblings are allowing a nephew to live in the house without the consent of all of us. SInce my dad has this living will where do I go to get help on settling the estate
1 Answer from Attorneys
Your brother, as the successor trustee, has a high fiduciary duty to all of the beneficiaries. Those duties include the duty to manage the assets of the trust productively and to not favor one beneficiary over another. You could petition to remove the trustee if he is failing to perform his duties. Most trusts are designed to be liquidated upon the death of the parent. I would have to see your trust to know the specifics, but there are many duties for a trustee, including providing annual accountings, which the trustee should be performing. I would be happy to discuss the specifics of your trust.
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