What to do about estate property that has not yet been put up for sale after 4 years?

UPDATED: Aug 19, 2011

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What to do about estate property that has not yet been put up for sale after 4 years?

I have a problem regarding houses in my grandfathers Will. It states that the properties were to be sold, and the money to be split between me, my brother, and my aunts. But my aunts who are in charge of the trust, have not sol, nor even put the houses up for sale. Rather they have let their sons abide in the houses rent free. It’s lowered the value of the houses. I want to take this matter to court but don’t know how to go about it. Or what kind of lawyer I need.

Asked on August 19, 2011 Florida


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for the situation that you are in because of the mis-management of the trust by your aunts.  Your aunts are fiduciaries under the law as trustees of the trust.  They are held to a very high standard under the law and an abuse of their fiduciary duty could lead to personal liability on their part.  So you need to speak with an attorney that is familiar with estate litigation and discuss the matter with him or her.  You need to bring a copy of all the documents regarding the matter: the Last Will and Testament, the trust documents, all documents you have received, etc.  They will know how to proceed.  Good luck to you and to your siblings.

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