Legal Question in Wills and Trusts in California
My parents had a family trust. Mother passed years ago; father just passed 12/12/11. He left his manufactured home to my brother, who is also (along w/his wife) co-trustee. My brother and I are the two beneficiaries. Am I correct in assuming that any expenses for the manufactured home would be my brother's responsibility from the day of our father's death? He has paid space rent and some minimal repair bills out of the trust checking account, which has been left to both of us 50/50 and has not yet been distributed. Thank you.
2 Answers from Attorneys
The Trust is responsible for the assets of the Trust until distribution. The exception would be if he were currently living in the asset. If he is living in the manufactured home or gaining any benefit from it then he should be responsible for the bills on it.
I agree with Ms. Mains. The trust is responsible for these expenses until the home is transferred (distributed) to your brother. However, once the trust estate is ready tofor distribution, the co-trustees must transfer the property within a reasonable time. It could be a breach of their fiduciary duties to avoid transferring the property so that the trust, rather than your brother, continues to pay the expenses associated with the home.
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