Legal Question in Wills and Trusts in California

I am one of three siblings, my brother being the executor of my Mom's estate. Years ago Mom set up a living trust account for her assets, with the three of us as beneficiaries. My mom is now 99 1/2 years old, and has some dementia for some time. A few years ago, my brother invested part of her account into the purchase of a fixer-upper that he has repaired and has rented out. My mom was in agreement at the time. I do not know what is going on with the rental--my brother and I do not communicate much, and I feel if I ask him about it, he thinks I do not trust him....maybe I don't. Anyway, my question is this--when Mom passes, can he be forced to sell this property, in order for a distribution to the three of us? I do not have kids, and I think he finds it beneficial to " tie it up" in case anything happens to me.


Asked on 8/21/14, 10:25 am

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

The time and method of distribution of your mother's assets after her death depends on the terms of the trust document. As trustee, your brother has a fiduciary duty to the beneficiaries, but as long as your mother is alive, that duty is only to her. After her death, he must communicate to you about the administration of the trust and you will be entitled to ask for a copy and annual/final accounting.

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Answered on 8/21/14, 10:35 am


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