What to do if my grandmother recently passed and she left her house in a Trust and my aunt claims that she’s the executor over my grandmother’s estate?

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What to do if my grandmother recently passed and she left her house in a Trust and my aunt claims that she’s the executor over my grandmother’s estate?

My brother is the legal resident at my grandmother’s house. Can she sell the house?

Asked on July 18, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If your Aunt is the Executor and Trustee of the Trust then she ha a great deal of power as to the assets.  But the terms of the trust and her Will - the wishes your Grandmother had as to what she wanted done with the property - will decide what is to be done.  Your Aunt can not breach her duty to your grandmother and go against her wishes for any reason.  I am unsure what you mean by "legal resident" but your brother is subject to the estate and the trust,  That means that if the trustee is permitted to sell then yes, it can be sold to benefit the estate. I would speak with a lawyer on your brother's behalf.  Good luck.


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