My mother passed away almost 8 years ago and my sister is selling her property it is now in escrow I received a copy of the trust that it was left to my Brother and sister but my Brother is not part of the sale .She has told people it was left to her only how come I did not get a copy of that trust what should I do
I don't understand something, you said that you received a copy of the trust, but you asked how come you did not get a copy of that trust? If the trust is irrevocable, and it probably is since your mother created it and she has passed, and you are a beneficiary of the trust, then you should get a copy. If you are not a beneficiary under the trust, then you are not entitled to a copy. More information is needed. What does the trust say? Who is the trustee? Are you a beneficiary of the trust?
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If you are beneficiary of trust, you are entitled to copy of trust. Successor trustee required to provide the copy to you.
If sister is successor trustee, she has duty to settle the trust. This may include duty to sell property and distribute proceeds from sale.
If brother is not successor trustee, he has no duty to participate in sale of trust property. He does have right to be informed. He may object if he is not being treated fairly.
Appears to be inconsistency between your interpretation of trust and sister interpretation.
I would need to review trust to opine further.
I will assume that you recently received a copy of the trust… I agree with my colleague, a beneficiary is not involved with the sale of the property, however, the trustee must keep the beneficiary reasonably informed at all times. The trustee in its simpliest terms is the manager of the trust and is the person who signs documents and makes choices- using discretion - what type of discretion is dependent upon the terms of the trust.
My answer is based on the limited information provided in the question and therefore is prepared for informational purposes only and is not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Anyone viewing the information should not rely or act on it without seeking professional counsel. My answer is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state. My answer is not intended to be advertising under applicable laws and ethical rules.
If your brother and sister are sole beneficiaries (not you), you do not have standing to challenge your sister's actions even though she may harm your brother. Furthermore if she is selling in her representative capacity of your mother's estate, she's doing nothing improper. The impropriety, if any, would come if she excludes your brother from the sale proceeds. In that case he would have a claim against her for his half. If she has broadcast her intent to keep all the proceeds, your brother also might be able to sue her for anticipatory repudiation and put a lis pendens on the property to ensure he gets his share. Given your mother's will or trust excluded you, you may have a claim for undue influence to invalidate the will. But you must prove your sister (or brother) activitely participated in procuring your mother's will or trust. If her will or trust is invalidated, you should inherit equally with your siblings.
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