Q: If a trustee not taking reasonable care of a house that is within the trust what is recourse and who can act
My parents, now deceased,put their home in a trust for my younger mentally handicapped brother. My eldest sister is the trustee of the house in which they both live.
The condition of the house is deteriorating rapidly. What can be done?
A:
Hopefully your parents had the foresight to leave sufficient funds in the trust to maintain and repair the home. If so, your brother can ask your sister as the trustee to use the available funds in the trust to make appropriate repairs and perform the necessary maintenance to prevent further deterioration of the home. If she refuses, he can petition the probate court to compel your sister to make disbursements from the trust for the upkeep of the home. If there is no available money in the trust, your sister as the trustee has no obligation to spend her own money.
If there are no funds available, your brother and sister should discuss the possibility of borrowing money to pay for the necessary repairs and maintenance. If they cannot borrow money from traditional lenders, they may be able to turn to relatives such as you to help pay for repairs and maintenance.
It does unfortunately happen from time to time that people without appropriate legal advice or without much money transfer a house but no funds for maintenance and repairs into a trust for the benefit of a minor or disabled child. That then leaves the trust and the child without the financial resources to pay for upkeep.
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