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Loren, Attorney
Category: Estate Law
Satisfied Customers: 34100
Experience:  30 years experience in the practice of estate law.
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I am a beneficiary of deceased fathers trust. He left his

Customer Question

I am a beneficiary of deceased fathers trust. He left his widow as a co-trustee with another person. Widow does not have name on title of house. All is to be held in trust for widow for life. She has right to sell house if something else is more suitable. That being said the house was familyhome prior to their marriage. I have sentiment attachments. My dad and she knew I wanted first right to buy should she ever want to sell. I called trust attorney once and co-trustee twice in 2 1/2 yrs since dads death. Attorney call was to find out how things worked and to let her know of my said desires concerning house should ever be sold. Same goes for call to co-trustee although called her twice. Since the calls which were made 1 1/2 years after death, widow no longer returns my calls or messages birthday or any other. Is this normal or was I out of line.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren,a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

It was not the least bit out of line. You can always ask. However, form a legal standpoint the trustee is bound by the terms of the trust with regard to the disposition of assets. Unless the trust contains a provision for your right of first offer or first refusal, your sentimental attachment is legally irrelevant and the trustee is bound to make the best deal he can if he sells the house.

So, if you ever want to buy the house you will have to make sure you make the best offer. Then the trustee could be breaching their fiduciary duty if they do not sell to you.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.