Legal Question in Wills and Trusts in Hawaii

My uncle passed away over a month ago. The "trustee" read the will that stated the house go to the 3 sons. There are a few of us that are trying to save the house but the "trustee" decided to put the house up for sale. The death certificate has not been turned in to the bank where the mortgage is being paid. I would like to know what are the duties of the "trustee" and does the "trustee" have the right to sell the house based on the fact that the death certificate is not being turned in to take my uncles name off and put the 3 sons names on?

Asked on 6/21/12, 8:35 pm

1 Answer from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

The Trustees powers and duties are defined in the Trust document. Generally, the Trustee does not have the power to do anything that is detrimental to the beneficiaries. However, I would need to see the trust in order to determine if the Trustee is breaching their fiduciary duties to the beneficiaries by selling the House. The mere inability to quickly obtain a document would not be generally sufficient to make a decision that the beneficiaries do not agree with. Thank you, Jon A. Zahaby, Esq.

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Answered on 6/21/12, 8:41 pm

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