Can the trustee of a living trust sell the property without informing the eventual beneficiary?
Question Details:
My dad died and left the condo to his wife. I am his son and am the eventual beneficiary of all property after she dies. She is in the process of moving and has apparently sold the condo. I found this out by accident. Is this legal what she is doing? I have a copy of the living trust. She will not answer the phone when I call. I was told that a lawyer will be calling me. I don't know when. She is almost 80 years old. What should I do?
Wills, Trusts, Probate Law Answers
Whether or not the trustee of the living trust has the power to sell assets of the trust depends upon whether or not there is an express power to do so given to the trustee. Accordingly, you need to carefully read the trust document in that its express terms set forth what the trustee can do or not do.
If the trustee is not allowed to sell assets of the trust, I suggest that you consult with a Wills and trust attorney about the situation experienced in real estate. Potentially a lawsuit could be filed against the trustee for an injuntion and a lis pendens recorded on the property if there is no right to sell the property by the trustee.
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