If my dad passed away and left a revocable trust, does1 of10 siblings have the right to do as they please to the homestead property?

9 of us agreed she could move in with the exception of a few rules (big mistak. Now she thinks the place is hers and we should have no right to it. She is now removing items from the home and replacing them with her things when we put in an agreement for her not to. I was named executor, but I don’t know what we should do. Also, I made a visit there one day, and she was smoking an illegal substance, and that was one of the rules of her staying there. now she wants to view the trust to see what she can do to remove our parents things from the home.

Asked on October 17, 2011 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  You are the executor of the Will but are you also the trustee of the trust?  You really need to bring the documents to an attorney to review - or the trustee and executor need to do it - as soon as possible.  Generally speaking, the trustee has the right to deal with the assets in the trust.  Not those that are the "residual beneficiaries" of the trust, which is the status of your sister and all the other siblings (you included I assume)  She can not "dissipate" trust assets like that and generally speaking she may not have the right to review the trust either.  It is not the same as a Will which is a public record once filed.  Please get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.