My father left my brother and me as equal trustee's when he passed away last year. My brothers' house is right next door to my fathers property which I (we) are trying to sell
It seems my brother's house has parasited my father's house for many years. using my father septic system, water and electricity. My brothers is not willing to correct the situation and divorce his house from the existing systems. The realator wants to list the house this week in its as is condition. How can I handle this I'm going crazy. If the property is sold there would be a cloud on the title Can I be sued by the buyer? How can I force my brother to clean up his part?
1 Answer from Attorneys
At a minimum these issues must be disclosed and will probably affect the price. Your brother has a conflict between his duty as Trustee and his desires as a beneficiary. He could be suspended and then you could litigate a Quiet Title action with your brother, but that is expensive and time consuming. Also, has your brother acquired equitable liens or easements on the Trust property? You need to consult with an attorney familiar with both real estate and trust law.