Legal Question in Wills and Trusts in Florida
If I'm a beneficiary in my mother's trust and my father is the trustee, can he legally sell a home that was in my mom's name and not put the proceeds in her estate account?
2 Answers from Attorneys
Based on the described facts, the trustee has fiduciary responsibility to administer the trust according to its terms, to manage any property, to pay estate expenses, and to distribute the residual to beneficiaries, strictly according to the trust, and then to provide a detailed accounting for trust funds. And proceeds from sale of estate property must be accounted for as part of the estate. As a beneficiary and interested person, you have a right to accounting information and to contest any action which you consider in violation of the trust.
Without reading the trust agreement and knowing what is in it no one can give an answer. Was the home even in the trust?
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