Q: Trust Law- as a beneficiary in a trust, can I charge legal fees back to the trust on matters pertaining to the trust.
3 years ago I purchased property from my father who is one of the trustee's to a living trust (family). The other trustee (my brother) is saying the sale was invalid and is threatening legal action. I have a notorized sales contract and deed and title to the property.
A:
For your actual question, No. A beneficiary, who is not a trustee may not charge the Trust for the beneficiary's legal fees unless the beneficiary is also a trustee or has the permission of all trustees and all beneficaries, or it is allowed in the trust document. In all instances there are further limitations.
For the sale: You need to speak to an attorney about your rights and obligations. Even if you are not sued, you may not have clear title to the property. You may waive your rights to confirm the validity of the sale by waiting. Your attorney, more than anything else, needs to see the contract of sale, and the documents authorizing and giving authority under the trust.
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