Legal Question in Wills and Trusts in Massachusetts
Successor Trustee
My father set up a revocable trust in 1986 naming me a successor trustee. Only I did not find out about it until 2002 when my husband and I wanted to buy the building the trust was set up for.My father had became ill from a fall at the end of 2001 and was not mentally sound due to a head injury. My step-mother was willing at first to sell the building until she learned of this trust. It was made 4 years after my father remarried and he had already owned the building since 1967 and I have lived in since 1983. She then had my father cancel the trust, had it notarized by her lawyer son-in-law and sold the building by holding the mortgage which she would not do for me and sold it for less than she wanted me to pay. Can I still do something? She was upset when she found out the doctor was questioned on my father's capabilities. The building has just been sold again and I still live in it.His signature on the documents when the building got sold, didn't look like his usual signature.
1 Answer from Attorneys
Re: Successor Trustee
Your father would most likely not have had the mental capacity after his head injury to "dissolve the trust". But before starting a family squabble, take the trust to an attorney to determine what authority you, as presumably the sole succeeding trustee, would have had to sell it to yourself under the terms of the trust.
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