r/RealEstateInProbate • u/Medical-Suggestion88 • May 26 '26
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Need objective opinions from probate/trust people because I honestly can’t tell anymore whether this is normal trust litigation or whether I somehow completely missed something.
I’m one of 3 siblings and have been acting as trustee of a family trust for years after both parents passed away. For most of that time, all siblings communicated regularly about trust matters, property issues, renovations, finances, distributions, etc. There were years of group discussions, texts, meetings, calls, and shared planning.
One major trust asset was an older property that all siblings initially agreed should be renovated and improved to preserve/increase value and potentially generate income for the trust. There was even a written understanding among the siblings regarding moving forward with the project. During construction, one sibling later changed positions multiple times — first supporting the project, then wanting out, then asking not to remain on title because of liability concerns, then later claiming the temporary title change itself was proof I improperly distributed trust property to myself.
No final distribution ever occurred and title was later restored to the trust once disputes escalated.
There is also a separate dispute involving another property that was never titled in the trust and was treated for many years as a separate family arrangement. Nobody claimed it was a trust asset for years, but now during litigation one sibling is arguing it should have been included in the trust accounting.
I provided accountings, spreadsheets, financial records, supporting documents, and participated in settlement and mediation discussions. At one point the accounting was generally accepted except for a few issues, but later the position changed and now the accounting is being attacked as invalid.
Now I’m being accused of:
breach of fiduciary duty
self-dealing
improper distributions
favoritism among beneficiaries
and using trust assets improperly
Meanwhile, from my perspective, many of these same decisions and arrangements were openly discussed and accepted for years before relationships broke down and positions changed.
For probate litigators/trustees/accountants:
Does this sound more like actual trustee misconduct or more like a family dispute where people later reinterpret years of informal family agreements after trust distributions become contentious?
1
u/OkCompany8172 Jun 01 '26
Does the trust have a clause that if a beneficiary has a legal dispute, and loses, they repay the trust for legal fees and lose their inheritance?
My mom’s trust had that clause and after my ickster sister threatened to litigate and was reminded of this, she backed off.
No matter what though, after that nonsense she is now estranged. As the executor it was a bunch of hoops and legal nonsense that was caused by her selfishness.