Can co-trustees confiscate items off another person’s property if the itms are not listed as trust assets?

UPDATED: Aug 22, 2012

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Can co-trustees confiscate items off another person’s property if the itms are not listed as trust assets?

My boyfriend of 10+ years and I were preparing property to move when his child was out of school when he unexpectedly died. He purchased equipment to work on the property and the equipment was kept on the property which is to be inherited by me. He had a trust that listed the Bobcat he purchased as an asset and his older children as co-trustees. His children want to take the Bobcat and sell it, and even though the attachments to the Bobcat were not on his list of assets, and they have a copy of the bill of sale for them, they want to take them as well. Do they have the right to?

Asked on August 22, 2012 under Estate Planning, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So long as the "Bobcat" is listed as a trust asset, all attachments that are not listed as trust assets are not part the trust. However, there may be a "pour over Will" taking care of items that are not listed in the trust as to who receives them. If not, items not in the trust as listed need to be administered via a court proceeding.

I suggest that you consult further with a Wills and trust attorney about the matter you are writing about. Items belonging to the decedent should not be moved off property by those who are not trustees of the estate that you have written about.

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