Can the trustee, who also has POA, encumber the family farm so that a beneficiary will never enjoy the use of it.

Asked over 2 years ago - Norwalk, CA

My sister, who is the trustee and has PO A of my mom's estate leased the family farm for eighteen years. This will deny me my inheritance of my portion of the farm. Should I need to sell my portion or want to develop it, it is tied up in a lease so that during my lifetime I will never be able to use it.

Also my aunt, who is partners in the farm with my mother, has never given an accounting of where the income from the farm for the last five years has gone. My sister has never asked her where it is. Isn't this a breach of fiduciary duty on my sister's part.

Attorney answers (3)

  1. Shaun K. Boss

    Contributor Level 14

    2

    Lawyers agree

    Answered . A trustee owes duties to all of the trust beneficiaries. These duties include the obligation to make the property of the trust productive of income. As long as the trustee's conduct is reasonable in light of the duties owed to all beneficiaries, she should not be second guessed. There should be an accounting of the income and expenses from the operation of the farm. Whether the trustee's conduct in not pursuing an accounting from other partners owning the farm in the past cannot be determined from the facts provided.

  2. Hillary Johns

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I haven't reviewed the documents so I couldn't really comment on your question except to say that this is really a trusts and estates question. I would post it in that section. This is the family law section.

  3. Larry Dale Webb

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Your questions raise a lot of red flag issues. You should consult with an estate attorney.

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