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My brother and I are co successor trustees of a trust

Customer Question
My brother and I...

My brother and I are co successor trustees of a trust created by my father.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Has anything been filed or reported?

What tdo you mean?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The house was put on the market but now i am changing my mind for now and want to hold off on selling . As far as I understand we both need to agree in order to move foward

Submitted: 4 months ago.Category: Legal
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Answered in 5 hours by:
3/11/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

The co trustees are considered fiduciaries and they must comply with the terms of the trust; so if one co-trustee is refusing to comply the other cotrustee may:

1. seek a court order removing the cotrustee for failure to comply with the terms of the trust

2. seek a court order compelling the sale of the home, with the proceeds to be distributed per the terms of the trust

3. seek a court order precluding the sale of the home and removing it from the market

The court will typically order whatever the trust states to comply with the wishes of the decedent.

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Lawyer: legalgems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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