Legal Question in Wills and Trusts in California
I am one of three siblings, my brother being the executor. Mom is 99 1/2. A few years ago, my brother started investing parts of her trust bank account into purchasing fixer upper houses that he has repaired and has rented out. When Mom passes, can he be forced to sell these houses that are tying up the inheritance money? Thank you.
2 Answers from Attorneys
That really depends on what Mom's will or trust says and who the beneficairies are. Is this being done with mom's consent? Is there some type of agreement as to how this works? There is really not enough information to answer your question.
If he is the acting trustee and is using trust money to buy assets for the trust and the trust instrument gives him this power, then he has done nothing wrong. I suggest finding out how title is held to the properties your brother is buying.
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