As trustee of my parent’s estate, is my first obligation to my mom’s wishes to sell her house to my daughter under market value or to my brothers who do not wish to sell it under value?

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As trustee of my parent’s estate, is my first obligation to my mom’s wishes to sell her house to my daughter under market value or to my brothers who do not wish to sell it under value?

My mom is still living. My brothers and I have decided to sell the house, as my dad just passed. I just want to do the right thing, whatever that is.

Asked on February 7, 2015 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The Trustee of a Trust has a fiduciary obligation to follow the terms of the trust as written.  So if your parents provided in the trust that it is to be sold to your daughter for a set price then that is what you are supposed to do.  But I would really seek help from an attorney in your area who can back you up in writing to your siblings.  Good luck.


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