Q: My sister (executor of trust) is denying me a piece of property because she believes I can't afford to build on it.
My father has three sons and a daughter, as well as two grandsons.
He owns three Parcels of land up in Humboldt County.
He hoped one of us would want to do something with one of the properties so he stated in his will that if any of his kids or grandsons wanted a piece of property that my sister who is the trustee was to transfer title to that particular piece of property to them, so long as it was going to be used for their own personal use... That was the only qualifier.
My sister however is refusing to give me title to a property that I asked for because she says that she doesn't believe I can afford to build on it. Can she do that ?
A:
As a Trustee, your sister's powers and obligations are defined by the Trust document. If she is acting contrary to the express terms of the trust, you have many avenues to pursue, one being her removal, another being a court order for her to transfer property. None of these will be cheap or a path of least resistance. You need to contact a Probate/Trust attorney in your local area for a consultation. Take a copy of the trust, or he will be in the dark about what it says. It is possible that the Trust, if it involves title to real property, was recorded in the County Recorder's offices, like a trust deed.
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A: In general, I agree with Maurice, but in particular, I believe your sister is acting well within the range of her discretion when she requires some sort of proof of your ability to comply with the terms of the trust. If you really have the intent and ability to build a residence on the property, she would have no grounds to deny you the property. Just my opinion.
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