Legal Question in Wills and Trusts in Pennsylvania
my parents set up a land trust on their home and property and appointed my brother as trustee. My father passed away and my mother wants to sell the house. My brother says she can not sell without his conscent / signature and he refuses to let her sell. What are my mother's options?
1 Answer from Attorneys
What are you talking about? I am not familiar with "land trusts." People can make revocable living trusts and convey their land and any other assets to the trust. Are you talking about a revocable living trust?
If the trust now owns the land and if your brother is trustee, then he is to manage the trust property as per the terms of the trust. The simplest thing would be for the trust to sell the current property and buy new property for your mother to reside in. The problem is that perhaps the current property cannot be sold for various reasons - market is down, property needs work, etc.
I would review the terms of the trust carefully,. Have your mother go to an trust attorney or even the attorney who prepared the trust and pay the attorney to review and advise. Is the trust revocable or irrevocable? If it is revocable, that means that it can be changed or amended at any time. If your brother is being difficult, then maybe your mother can revoke or amend the trust.
I am not sure why your mother wants to sell and why your brother refuses. Depending on what the trust says, either they work it out or your mother can try to get your brother removed as trustee. However, your mother has no right to demand that your brother sell the home unless the trust so provides.