Legal Question in Wills and Trusts in California

Can the executor start collecting rent from 1 of the 2 places that was left to me in a living trust?The trust also states that trustee sells all tangible personal property in a commercial reasonable manner and net proceeds be divided between me and some other place. him and his brother took out 4 truck loads to there homes then had a yard sale with what was left. He told me i will not get the properties for over a year and he will keep up on the taxes.This is a living trust matter.How come he cant just give me the deeds now instead of collecting rent on one of them

Asked on 10/22/19, 9:05 am

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Without reading the specific language of the Trust it is impossible to give you a thorough answer, but the bottom line is that the Trustee has a duty to honor the terms of the trust and failure to do any number of things would constitute a breach of fiduciary duty. You can file a Petition to force the Trustee to account for activities as Trustee and depending on the language you may have grounds to Petition for Distribution of the properties left to you. You may be entitled to the income the property is currently generating. You should consult with an attorney to protect your rights.

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Answered on 10/22/19, 9:12 am

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