Legal Question in Wills and Trusts in California

trustee refuses to sell house in this mkt

My parents died in April leaving my sister as successor trustee. There are seven siblings who are beneficiaries. Four of us want to sell my parents house, but the sister who is now trustee thinks the real estate market will turn around in a few years and we will get more for it then. I don't want to be financially tied to this sister for that long. And, I am starting a business and can use the money. Another sister will be moving out of the country in the spring and would like her share as soon as she can. The trust doesn't authorize the successor trustee to try and time the market. Are we at her mercy? Can she rent it for an indefinite amount of time? Thanks in advance.


Asked on 11/12/08, 6:29 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: trustee refuses to sell house in this mkt

I'd have to read the trust to answer this question with any certainty. That being said, the trustee is required to follow the terms of the trust. If the trust instructs her to distribute trust assets upon the settlor's death and she fails to do so, she can be removed as trustee.

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Answered on 11/12/08, 6:44 pm


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