Legal Question in Wills and Trusts in Indiana

Re: Father Died Without a Will

The successor Trustee only has the power to deal with trust assets. If your father or parents did not transfer their assets into the trust and did not have a will that put their assets into the trust, then there is no property for the Trustee to deal with. You probably need to have someone appointed as personal representative of your father's estate so that you or the person appointed has the backing of the court to look into things to see what if anything was transferred to the trust. Alternatively, someone needs to be appointed guardian over your mother and that person as her personal representative would have authority to look things over. If you distrust your brother or believe he would take actions without consulting other family members, then it behooves you to get to the Court house first or to request of the Court that any administration he takes on is supervised so that you are advised as to what is happening and he has to apply for authority of the Court to dispose of property.

Re: Father Died Without a Will

If by "successor" you mean your brother is the successor trustee, then he would have the same powers as the original trustees (your parents) would have. Ask for a copy of the "living trust" for your records. The successor trustee cannot assume power without some qualifying event, like your mother's mental incapacity, but in that case the incapacity usually must be verified by doctors. So make sure doctors have made the necessary findings. Most living trust do allow the trustees and successor trustees to exercise control over the property of the "settlors", the people who funded the trust, like your parents. So your brother probably is entitled to sell their property, but it must be for the benefit of your mother. Any dealing benefitting himself would be illegal, assuming the usual provisions. So, get a copy of the trust instrument, then confer with a real lawyer. There are too many issues involved to provide a good answer over the internet. Contact your county bar association if you need a referral.