Can a Trustee take or sell the things they are taking care of?

My mother is the trustee of my college tuition and the house my grandma left me. Could she sell

the house and take the proceeds?

Asked on June 15, 2016 under Estate Planning, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your mom sells the house and takes the proceeds, she has committed a breach of her duty as trustee. Your remedy is to file a lawsuit against your mom and seek a  constructive trust, which will require her to return the property or if sold,the proceeds to the trust.

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