If there are 3 co-trustees and 2 co-trustees want to sell a piece of the property but 1 co-trustee does not, do the 3 co-trustees have to be in agreement or is it based on a majority decision?

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If there are 3 co-trustees and 2 co-trustees want to sell a piece of the property but 1 co-trustee does not, do the 3 co-trustees have to be in agreement or is it based on a majority decision?

The revocable Trust does not state that the co-trustees must act in agreement or if a majority 2 out of 3 decision will work.

Asked on September 11, 2015 under Estate Planning, California

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 6 years ago | Contributor

Cal Probate Code section 15620 titled " by co-trustees"  states that unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action.  Here, 2 of the trustees does not equate to an unanimous decision.   


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