Legal Question in Real Estate Law in Washington
inherited property
My husband and his siblings inherited a vacation home when their mother died. Each sibling owns 12.5% and another relative owns 50%. The other relative is in charge of a trust set up to pay the property expenses. Now after 13 years she has decided that she will not pay thru the trust for 2 of the siblings portions anymore. She will still pay for the other 2. Her lawyer says the trust agreement gives her this right. What will happen if we refuse to pay our portion? Will the property have to be sold or can she send us to collection?
Thanks so much-
1 Answer from Attorneys
Re: inherited property
A lot of what you ask depends on what is contained in the trust itself. For example, you said she has the right to refuse to pay on behalf of the siblings, but what triggers that right? As the trustee, she has a fiduciary duty to the beneficiaries and cannot act punitively toward them for no reason.
Assuming for a moment the trustee has the right to demand payment from the two siblings, if they refuse, what happens next depends on what the trust directs to happen in such a situation. If it does not provide for such a situation, then most likely those non-paying siblings can be subject to an array of actions by the trustee on behalf of the trust.
She could sue for the fees, or (if it is within her power) she could force a sale of the non-paying siblings' share to herself and the other siblings. They would have to pay fair market value for that share. I could go on forever with the possibilities. What is important is what the trust provides for in such a situation.
If you'd like, please contact my office and I can set up an appointment for a free consultation to see what if anything can be done for your husband.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
