Friday, September 19, 2014

My co trustee signed contracts all legal documents that brought a trust property to close of sale then I was threatened with a law suit ...

Question

My co trustee signed contracts & all legal documents that brought a trust property to close of sale & then I was threatened with a law suit & extremely bullied if I did not sign to close the sale.

I spent 475.00 on a real estate attorney to review all documents & was put through living he** by the title company, my co trustee, the buyer & agent (rep. both buyer & seller) to have these documents reviewed. My co trustee went as far as to refuse to release the documents to the attorney at 1st. I had been aware an offer & 1 cost sheet estimate & the co trustee that lives out of state set up DocuSign with the agent & signed all documents without my knowledge. I'm sure legal lines were crossed, I was caused personal damage & the trust put at risk by these actions. What legal recourse do I have?



Answer

As co-trustee, you must act in concert with each other. So, if one refuses to act, there can be no action taken. The trust agreement should provide for you to retain legal counsel and accounting professionals to advise you, at the expense of the trust. If the trust is being put at risk, you are duty bound to take action to protect the trust estate, and you should avail yourself of counsel to perform your duties.



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