Legal Question in Wills and Trusts in Hawaii
Illegal sale of real property in trust
My mom passed away last year. A 1.0 acre of land is in her trust. My dad and I are beneficiaries and I am the executor[my dad is not co-trustor]. The Trustee advised my dad and I that the property could not be sold without our permission. I advised the Trustee that we did not want to sell, they told us they ''officially'' stopped the sale. They did not. It is in escrow due to close on Oct. 4th. How do I put a stop sale on the property myself?
1 Answer from Attorneys
Re: Illegal sale of real property in trust
Read the trust agreement as to the authority of the trustee. Usually authority to sell property is given to them. If it is not, take a copy to the title company involved and the attorneys and advise them of your position and that the trustee is unauthorized.