Legal Question in Wills and Trusts in Pennsylvania

my father passed away four years ago. my older brother claimed to be in charge and has done things that should not have been done as the trust was just found 2 weeks ago. he has put the property up for auction without my knowing i only found out through the internet. my brother is listed as first trustee and i as second trustee. do i have any rights on how the estate is taken care of. my brother is going to sell the property for half of what it is worth. also i have put up 10,000 of my own money to save the property from foreclosure. do i have any rights? i do not have a lot of money to fight this as i have used my savings to save the property from foreclosure. also my brother will not give me a copy of the trust. he only gave me the parts that he thought i should see. what can i do?


Asked on 6/28/10, 9:12 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

There's no easy way to deal with this, and this is certainly not appropriate for any kind of "do-it-yourself" approach.

Please consult an estates and trust lawyer in the County where your father resided at the time of his death.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/28/10, 12:45 pm

What does the trust say? Are you the beneficiary of the trust? The beneficiary has a right to demand an accounting from the trustee. If the trustee has mismanaged the trust assets, then the beneficiary can seek his removal. I am afraid that you are going to need an estates and trusts attorney. Start with the county in which your father lived at the time of death. The attorney can get a copy of the trust and see whether the estate for your father was handled properly and he can see to it that you will receive the benefits to which you are entitled by the trust.

Regarding the house, I do not know if this is an asset of the trust or if the trust authorizes the trustee to sell it. If it is seriously undervalued, then you might have to get it appraised and prove to the trustee that it is worth substantially more. What do you base your opinion on that it will be sold for less than its worth? I do not know where the house is located, but many circumstances can affect its value, like location of the property, condition of the property or the poor economy, which has negatively affected property values.

Again, you need to seek out an attorney. Do not try and do this on your own. If the attorney can recover funds for you, perhaps he will be willing to accept a portion of the recovery in lieu of fees. However, you will have to discuss this with the attorney and this decision can only be made after review of the trust instrument and assets.

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Answered on 6/28/10, 7:52 pm


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