Ask the Experts: What to do if a Trustee has not taken action?
Published: August 30, 2012
This week , Sacramento estate planning attorney Kay Brooks answers a reader’s living trust question.
Q: I am writing for my Aunt A. My grandmother died in the 90’s. She had a living trust that gave her house to her two daughters, Aunt A and Aunt B. Aunt A took care of my grandmother towards the end of her life, and the trust was changed to give her 3/4 interest in the house. Grandmother died in a nursing home, paid for by the county. Aunt A has lived in the house all these years, taking no action to close the trust or anything. She was afraid she couldn’t afford to pay the attorney to do the administrative work required, afraid that the county would want some money for grandmother’s care, and afraid Aunt B would find out she got more interest in the house. So she’s done nothing at all. Aunt A is having health problems and needs to refinance the house for money to take care of her health and because the house is in disrepair.
My question is this: what is her legal liability at this point? She is afraid to take any action, because she doesn’t know what the ramifications will be.
Any information or advice you can give us would be greatly appreciated!
– Joy, Sacramento, CA
To read Kay Brooks answer, visit the Ask the Expert column here on the Sacbee.com