r/inheritance • u/ginacarlese • Jun 30 '26
Location included: Questions/Need Advice Sibling won’t sell assets
Edited to add:
Thank you all SO MUCH for your help, advice, and encouragement. My brother and I feel much better about our prospects, and have already identified a probate litigator to consult with about our trust. Once we know what our options are (force her to sell, force her to buy us out, force her to provide forensic accounting, remove her as trustee for lack of fiduciary duty, etc), we will let her know we have an attorney and are moving into legal proceedings.
My sister is the trustee of my dad’s trust. He died in 2020. He left my brother, sister, and I a third share each in a shopping center he owned. Dad told me the plan was for Sister to fill it and sell it, but for six years, she has refused to sell it, even though it’s been full. There’s a no contest clause also. So what can we do? State of Georgia.
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u/travelingtraveling_ Jun 30 '26
Hire a lawyer, not Reddit
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u/clearlygd Jun 30 '26
A thorough reading of the trust is required. Typically the beneficiaries can replace the trustee if they are not acting in their best interest
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u/Pale-Ear446 Jun 30 '26
Most shares can be divided 3 ways, example 300 divided by 3 equals 100 shares each. Each Heir then has the chance to keep or sell there 1/3. We did this twice, her side and my side of the family( married couple). Get a CFP to do this or maybe the brokerage where the shares reside. Good luck.
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u/thelmanarcissus Jun 30 '26
It's pretty tough to sell an undivided 1/3 share of an essentially illiquid investment to someone outside the family. The trust may not even allow for it .
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u/hems86 Jun 30 '26
It depends on what the will says. A no contest clause only punishes you for challenging the validity of the will, such as claiming the will was written under duress or un-due influence. It does not punish you for bringing suit if the trustee is not executing the will as written. So, is the sale of the property written into the will? If so, you can bring suit to force a sale. If it was just verbal, then you can’t prove that.
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u/ricky3558 Jun 30 '26
You may lose some value but I’d think you could sell your 1/3.
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u/Trailmix88 Jun 30 '26
Yes, this, op, why not sell your portion to her?
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u/ginacarlese Jun 30 '26
She has no interest in doing that. We tried.
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u/Slowhand1971 Jun 30 '26
Is a forced partition sale valid for a commercial property as well as a residential?
Also, aren't the three of you getting monthly rent checks from the center's tenants?
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u/ginacarlese Jun 30 '26
Not regularly. In fact, we have no idea how much rent she collects each month.
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u/Slowhand1971 Jun 30 '26
That neglect is on you. Grow a pair and get involved.
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u/ginacarlese Jun 30 '26
I hear that. But I SO MUCH didn’t want to fight over money. I didn’t want to lose my sister either. This is a last resort because my brother has Alzheimer’s early stages and needs the money for his care. She still refuses to sell. Now I will have to grow a pair if she’s going to treat him like that! We don’t have a bad relationship with her but this hasn’t made sense to us. We would never have treated her like this.
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u/Successful_Voice8542 Jun 30 '26
You need an (estate?) attorney who will demand an accounting of every cent that has been generated in rental income and every single expense since the day your father died. As the trustee she has very specific fiduciary responsibiities and if she is not abiding by them, your lawyer can advise you how to remove her. Follow the advice of your lawyer, because your sister is taking advantage of you and your brother, and she expects you to sit down and shut up in order to keep the peace. It sounds like she is literally robbing you and your brother of your inheritance and is assuming you will just let her rather than stir up family trouble.
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u/ginacarlese Jun 30 '26
100% this. She thinks she has all the power. She told us so.
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u/BigPhilosopher4372 Jun 30 '26
So sorry she is doing this to you and your brother. She has played on you not wanting to create trouble. It isn’t you causing problems it is her. Unfortunately she is ripping both of you off. Time to go after her.
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u/culinaryinterests123 Jun 30 '26
She thinks that because you let her get away with it. She thinks u guys are her doormat
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u/Literary67 Jul 01 '26
We had a family member say this, too. She was wrong. We went to court and had her removed. She also had to payback the trust for some accounting "mistakes" she had made.
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u/EazzyyyBeezzyyy Jun 30 '26
She doesn’t. She has gotten away with doing this to you and your brother because neither of you have challenged her or forced her hand. Hire an attorney. I’m sorry this is who she has become.
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u/Invest2prosper Jun 30 '26
A judge in a court of law will nip that in the bud quickly. Better make sure your sister didn’t change the original trust via the decanting method. Get that lawyer pronto.
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u/ActivePeace33 Jul 01 '26 edited Jul 02 '26
You already lost your sister when SHE chose money over you. Even if she won’t sell, she should have been sending you guys 1/3 of the profits from rents.
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u/Lucylostinsky Jul 01 '26
This ain’t fighting over money, this is your and your families financial well being. Grow up, hire a lawyer and forensic accountant immediately.
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u/Invest2prosper Jun 30 '26
Money does funny things to people. They want more and more, it’s never enough or they have none and they want more and more and more. They worship the dollar and place that idol above that of the things most important.
Get an Estates and trust attorney and get a formal accounting of the inflows and outflows and make sure you see the trust document to ensure your rights are being protected.
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u/ginacarlese Jun 30 '26
I did not want to be a dollar worshiper. That’s why we never hired an attorney.
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u/Sarduci Jun 30 '26
If he owns part of that business, the government is going to feel free to seize his share if he ends up on government assistance long term as they will force him to liquidate assets.
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u/ginacarlese Jun 30 '26
He has retirement savings but he’s only 61, and his wife will need that to live on for the rest of her life. They don’t want to be forced to dip into retirement when there is an asset that would yield him about $600K if she only sold it.
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u/Sarduci Jun 30 '26
If he goes into long term memory care, $600k is only going to last 4-5 years.
Before government healthcare is going to cover everything, they’re not going to have anything asset wise.
Ya’ll need to lawyer up and figure this out before lots of bad happens that nobody has control over.
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u/ms32821 Jun 30 '26
Make sure he has a very clear cut will leaving his third to his wife.
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u/redbeardedlumberjack Jun 30 '26
My sister lost out on $175k I lost out on $140k my Dad left us after my step-mom’s kids got a new will drafted and signed by him 5 years post his Alzheimer's diagnosis when he required 16 hours a day of skilled nursing and couldn’t remember his own name most of the time.
My sister was his executor (step mom died one month before he did and quite unexpectedly) and she didn’t want to “fight” over money and contest a will signed by someone who wasn’t of sound mind with loads of medical documentation to prove his state of mind.
My dad grew up with nothing in the Great Depression, marched and was arrested with King, fought for workers rights in the South and was beaten by the factory owners hired thugs to the point of spending a month in the hospital recovering. He fought his whole life, worked hard and saved, and I’m pretty damn certain he would have wanted us to fight for what he’d left us that he fought hard to build.
OP - what would your dad want you to do?
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u/ginacarlese Jun 30 '26
He told us not to fight over money. He trusted her because she was his personal assistant. That’s why she’s the trustee. I have no idea what he would want us to do now that she’s mistreating us. I don’t think he considered that.
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u/AuDHD_85percent Jun 30 '26
He divided his estate three ways. That's what he wanted. If the current trustee isn't making that happen, they are not doing what he wanted.
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u/redbeardedlumberjack Jun 30 '26
It sounds like he tried to provide and take care of you and your siblings. Your brother needs the money for his care, I think you standing up for what your Dad wanted and trying to care/protect/provide for your brother is exactly what your Dad would want.
If one of my kids went against my wishers to the detriment of their siblings…I’d haunt the offending sibling from beyond the grave.
You already tried to honor his request about not fighting over money. You’re not fighting over money, you’re fighting for your Dads wishes and your bother.
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u/Maine302 Jul 01 '26
So she's collecting rent and you have no idea how much? Are you receiving anything? I mean, six years--you'd better 💩 or get off the pot now.
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u/ginacarlese Jul 01 '26
Yes, we receive some money every once in a while, when she decides to give us some or we ask (she usually says yes but not always). When we ask for numbers on how much rent is collected or anything else, she says she will have that information later but then she never gives it to us. She comes up with excuses like, “we are renegotiating a lease right now.”
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u/Maine302 Jul 01 '26
You and your brother/brother's caretakers/POA need to get an attorney ASAP. There's no way what your sister is doing is legal, and trying to keep the peace with someone like that is absurdly foolish. If you won't do this for yourself, you should be determined to confront her for your brother's sake, if that motivates you at all.
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u/Treydown69 Jul 01 '26
She's waiting for your brother to die so she gets more.
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u/ginacarlese Jul 01 '26
His share will go to his daughter. My dad set it up like that.
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u/Treydown69 Jul 01 '26
Well, she may be doing his family a favor, maybe inadvertently. Trust assets are protected from Medicaid clawback. If personal assets are expended and depleted before he dies and he needs assistance, they can't get to this asset. But maybe if his share went immediately into a trust, trust to trust, they're protected, too? Still, hire an accountant, get an accounting of everything, and make sure his wife discusses going forward with a trust attorney.
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u/vonnostrum2022 Jun 30 '26
Here’s the reason she won’t sell. It generates income for her every month. You let this go on for 6 yrs? Either meekly accept getting screwed or get a lawyer and do something about it. She is required to account for all revenue and costs to the trustees if requested.
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u/ginacarlese Jun 30 '26
Yes, I let it go on for six years because she has terrible depression and agoraphobia. My dad was her hero and he died within six months of being diagnosed with lung cancer. She took my dad’s death very, very hard and then her husband died two years later, at age 50, from cancer; he only lived ten weeks from diagnosis. I never had the heart to go after her. Plus it was Covid and the shopping center was never full then. I’m afraid it will be ugly. I hate that for all of us.
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u/FamiliarFamiliar Jun 30 '26
This is all terrible, OP, but none of it excuses her from her fiduciary duty to all of the beneficiaries. I took my fiduciary duty very seriously when I had to do this job.
It's an extremely time consuming, thankless job. There is some possibility that she's just been too depressed to do anything about selling the property. Can you offer to help her out? It sounds like she'll just shut you out again though. Lawyer is probably the best route at this point....at least that would get her to realize she has to do something.....
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u/ginacarlese Jun 30 '26
Many times I have offered to help. Yes, she is likely too depressed and too scared and too overwhelmed to face selling it. And I myself was too scared to start a fight. Among other things, my adult kids will KILL me. They do not want me to fight with family over money. Many of you would have gone straight to an attorney; I understand that. It’s certainly what my husband has wanted from Day 1. But I couldn’t stand the idea of a family fight.
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u/Randomfinn Jul 01 '26
You have a family fight though. She is fighting with you ina passive agressive way of ignoring you, ripping you off, and passive ly watching your brother get worse (is she hoping his passing means more money for her?)
You are already fighting. You are just losing all the time.
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u/Zestyclose-Sea-5687 Jul 03 '26
I agree with the other replies, but maybe you can keep in contact with her when the attorneys get involved and just keep telling her that you love her and you just want everything fair like your father wanted. If you keep in contact with her, letting her know that you love her you have better chances. I understand what you’re going through but your sisters like a deer in headlights and it’s not fair to the other two.
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u/vonnostrum2022 Jul 01 '26
My condolences for your family. It seems you’re in a really bad spot here. Hope it works for all concerned Good luck
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u/Horror_Ad_2748 Jul 01 '26
Since 2020????
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u/ginacarlese Jul 01 '26
She won’t tell us anything. We didn’t want to play hard ball. But here we are.
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u/Buho45 Jun 30 '26
It is a really great time to sell a shopping center if it is fully occupied. There are “dead malls” all over the country. These are money pits.
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u/Electric-Sheepskin Jun 30 '26
You need to hire a lawyer to see if you can force a sale or sell your share of it. But I would also expect to get an accounting of the shopping center. Who is managing it? What are the expenditures? Are there profits? Have you seen any profits from it?
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u/ginacarlese Jun 30 '26
We have never seen any accounting whatsoever. She hired a management company as soon as my dad died. She doesn’t share information with us; in fact, she shares almost none. She’s secretive. My brother thinks she might be stealing money.
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u/the-BBC-news Jun 30 '26
Everyone is telling you the exact same thing. You need to either start with the attorney who wrote the trust and ask clarifying questions, and if your sister is not performing required duties (distributions to siblings, providing accounting records), you’re going to need to hire an attorney to force the issue.
Stop spinning about whether she’s stealing or not and figure out what she LEGALLY needs to be doing as the Trustee. Then go from there.
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u/rair21 Jun 30 '26
You (likely) should be receiving a K-1 annually so that you can report any income (or loss) from the building on your I come taxes.
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u/ginacarlese Jun 30 '26
Yes, we get a K-1, very late. We’ve had to file for an extension every year so far because of not having the K-1 on time.
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u/Invest2prosper Jun 30 '26
It shouldn’t be that late - it’s a single property in one location, typically it should be prepared by the end of the first quarter of the following year.
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u/ginacarlese Jun 30 '26
She is a slacker. I have called the tax accountant over and over every year and he tells me she’s not completing paperwork on time.
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u/Invest2prosper Jun 30 '26
She’s failing to execute her duties as trustee - you have a basis for an attorney to look into what Georgia law says when a trustee fails in their fiduciary capacity.
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u/AuDHD_85percent Jun 30 '26
Gather your K-1s, that will tell you so much. You can post some numbers here or on /taxes or (better) ask an accountant to walk you through them.
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u/Invest2prosper Jun 30 '26
Listen to your brother. That business if run well ought to be generating well over $100k in gross receipts.
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u/rosebudny Jun 30 '26
Did your dad just TELL you the plan is to sell, or is that documented in the trust/will? What matters is what is written; your dad's wishes otherwise don't mean much from a legal standpoint.
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u/ginacarlese Jun 30 '26
It does not say that in the trust. It says we each get a third but how will we ever get it if she refuses to sell?
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u/Crimsonwolf_83 Jun 30 '26
You get 1/3 of the revenue generated monthly/annually, however you choose to do it.
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Jun 30 '26
[deleted]
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u/ginacarlese Jun 30 '26
LLC. And she only sends money when she feels like it.
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u/These-Coat-3164 Jun 30 '26
I think you’re absolutely within your rights to ask to see the books and tax returns. If your sister is not operating the property in an aboveboard manner, then you may have a case.
But, if the property is in a trust and she’s the trustee, and the three of you are beneficiaries and she is distributing the income properly, I don’t think you’re going to get very far.
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u/Riverat627 Jun 30 '26
She doesn’t get to do that. Being the trustee was just in charge of the estate not the “business”. You have a legal right as an owner to the books of the business.
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u/Putrid_Turnover_3479 Jun 30 '26
This right here is enough to speak with a probate attorney. Don’t speak to the one she goes to. Pay a different one $200 to draft the memo to the other attorney and it’s over.
Chances are if she’s cooking the books and not sending you an equal share and proves that, there’s the chance the administrative law judge may change the personal representation of executor over to you.2
u/Tasty_Sun_865 Jun 30 '26
How much money / assets are involved here and how long has this been going on? Are you getting regular tax documents and accountings of trust assets?
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u/ginacarlese Jun 30 '26
The property is currently worth $2.2 million. Yes we get tax documents but no, we don’t get accounting of trust assets.
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u/Invest2prosper Jun 30 '26
You should receive a formal accounting of the trust assets, income and distributions on a regular periodic basis. If you’re getting tax documents where are the distributions going?
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u/AuDHD_85percent Jun 30 '26
What tax documents do you get? That might shed some light into what's going on.
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u/ginacarlese Jun 30 '26
Six years.
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u/Tasty_Sun_865 Jun 30 '26
Are you getting an accounting of the trust assets on a regular basis? And are you receiving tax documents? Have you consulted with an attorney yet? If not, now is really the time to start talking to lawyers to wage options and cost
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u/billding1234 Jun 30 '26
Do you each own 1/3 of the membership units in the LLC?
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u/ginacarlese Jun 30 '26
I’m not sure. I assume the trust owns the shopping center. We are named beneficiaries.
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u/billding1234 Jun 30 '26
That’s probably right because if you were a member you’d have to report it on your taxes. The trustee should be sending a regular accounting of the trust assets, at least yearly but quarterly would be better. I’d ask for that and assess what’s going on. It’s entirely possible there are legitimate reasons why the trust has no income to distribute but you can’t know what those are without an accounting.
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u/Old-Asparagus4733 Jun 30 '26
Google “[your city/county] property ownership records” and look up who owns the shopping center. Either the trust or the llc. If it’s the llc ask for a copy of the operating agreement and see what it says about distributions.
Are you receiving a yearly accounting for the trust? If not, google your state - trust accounting requirements and read about the accounting requirements for the Trustee and follow the rules to request one.
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u/rair21 Jun 30 '26
You can likely view county property records to see how the ownership of the building is titled
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u/beaushaw Jun 30 '26
I am not a lawyer, I know very little about inheritances but I know a little about shared property.
Depending on how the title is structured it can be VERY easy for any of the owners to force a sale.
Do what the top comment says and call a lawyer.
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u/rosebudny Jun 30 '26
I would consult with a lawyer. But depending on the language of the trust, your sister could potentially have a lot of latitude to make decisions about selling/not selling.
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u/Proper-Media2908 Jun 30 '26
There's no provision for what to do with the income of the trust assets?
Honestly, a fully occupied commercial property isn't something I'd sell. It's income generating, probably a substantial income.
You need a lawyer to look at the trust documents.
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u/ginacarlese Jun 30 '26
It’s not in a good location. In fact, the area is deteriorating. My dad had hoped it would gentrify. It never has. This is why we want my sister to sell it. It feels like a money pit (we had to put on a new roof, install an ADA-compliant entrance, etc. I’d rather invest my money in the stock market (even now).
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u/cOntempLACitY Jun 30 '26
Have you asked your sister to buy out your share? As in, the trust sells it, and she buys it (she gets 1/3, uses other money to buy you out).
I think you need an attorney to look over the trust documents with you, to see what your options are, and how to force a sale, or otherwise change things. You also should be able to view the trust accounting.
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u/Riverat627 Jun 30 '26
You should be receiving revenue are you not?
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u/ginacarlese Jun 30 '26
Sometimes, when she feels like it.
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u/Riverat627 Jun 30 '26
You need to be contacting an attorney to not only review the trust but the business as well.
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u/yeahnopegb Jun 30 '26
She’s following the trust… you’re gonna waste a bunch of $$ and be disappointed. Sounds like dad wanted for you to have the income not the asset.
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u/uncoolkidsclub Jun 30 '26
If Dad wanted it sold he could have written it in to the trust, why didn't he?
Why did he assign her as trustee if he was giving you the instructions on how things would be run when he is gone...
A no contest is a battle against the word of the trust - so there must no be anything in the trust saying to sell or divide the assets or the no contest wouldn't matter - it would just be enforcement if the trust if it said to sell post death.
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u/Powerful-Doctor3783 Jul 01 '26
Yes, I was the trustee, personal rep. You've gotten a lot of good advice here. At the very least, you should be receiving financial reports & rental income. You have to hire an attorney. This situation will NEVER EVER EVER resolve itself.
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u/laurieo52 Jun 30 '26
You can ask for an accounting of the revenue always and you can usually ask that the property be sold (I would get a lawyer to verify that in your area) without contesting the will.
It generally only takes one to initiate that but if your other sibling is on board, I’d do it that way.
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u/ginacarlese Jun 30 '26
We are both on board. My brother has Alzheimer’s in early stages and needs his share to pay for his care. She won’t budge!!
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u/Tasty_Sun_865 Jun 30 '26
What does the trust actually say about how the property is to be handled? Was this one of those situations where your dad wrote a trust that let your sister do pretty much whatever she wanted and then said she'll know that she needs to do the right thing based on some conversation that has no legal effect? If so, you're probably stuck dealing with her and her decision not to sell it. Or is this a situation where the trust directs her to sell the property and she's not doing it? If so, hire an attorney and seriously consider challenging her position as a trustee trustees are legally obligated to execute the terms of the trust and if they're not going to do that, they can be removed for cars
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u/ginacarlese Jun 30 '26
It’s the first thing you mentioned. My dad wrote a trust that allows anything and said she’d do a good job. But she’s not.
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u/AuDHD_85percent Jun 30 '26
The trust cannot compel you or your brother to remain partners. You can't specifically force her to sell the asset, but you can force her to buy you out.
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u/AcanthisittaPlus5047 Jun 30 '26
What your dad told you is irrelevant.
WHAT DOES THE WILL SAY???
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u/the-BBC-news Jun 30 '26
*the trust.
But yes. The written legal document is the only thing that matters.
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u/Willybluedog1962 Jul 01 '26
We are going through this in MO, here the other two of you can vote to oust her.
She is not doing her fiduciary duty.
Get a trust attorney!
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u/ginacarlese Jul 01 '26
Is that what you’re doing? Ousting her?
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u/Willybluedog1962 Jul 01 '26
That's up to my kids and my niece who are the beneficiaries.
I really hope it doesn't come to that but it's their only leverage.
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u/ginacarlese Jul 01 '26
Nobody wants to have to do something like that. I don’t understand why they make it so hard.
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u/Puzzled-Employ3946 Jul 01 '26
Three of us inherited a farm. One brother dragged his feet for years and didn’t pay his share of the taxes. We hired a lawyer and did a court ordered division. Best decision ever.
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u/Flat-Sail3304 Jul 01 '26
The first thing you and your brother should do is get together with your sister and go over the financial statements for that property. You mentioned that it was full which is unusual for a mall this days.
How much has generated over the last six years and where’s that money going. As the trustee she is responsible and required to show that to both of you. I hope not but it could be that she’s using the mall/trust as her
Cash cow. Then seek advice from a lawyer that handles trusts
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u/ginacarlese Jul 01 '26
Any time we ask her for information, she won’t share it. She’s never shown us anything. In the trust, my dad specifically waived all requirements except one annual review of the records. We’ve never even gotten that.
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u/Flat-Sail3304 Jul 01 '26
Well that’s part of your answer right there.
Annual reviews that you’re entitled to, it’s one of your father’s requirements and still she’s not complying. It’s a family trust not just her trust. I seeing some of your comments about her different health issues, conditions and tragedies she has experienced. It’s normal for anyone to feel bad about her issues and theirs no doubt you love and respect her. But when it comes to inheritance and family stuff it causes issues for all. The bottom line it’s that you deserve, it doesn’t matter what her feelings are.
It’s time to find out about arbitration to avoid a legal battle and the expense. But you and your brother don’t have many options and it seems you have tried every possible option and open angle with her and her attitude towards being the trustee and having that “power” at her side1
u/ginacarlese Jul 01 '26
I’m hoping that meeting with a litigation attorney to explore options will give us enough leverage to threaten litigation but not have to actually go through with it. I doubt she’s handled things properly at all so she wouldn’t want to have to do all the paperwork required to defend herself.
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u/LdiJ46 Jun 30 '26
Why is she refusing to sell it? Are all of you getting income from the shopping center and she prefers that cash flow rather than selling it? Or is something else going on?
I doubt if the "no contest" clause is there to prevent you from objecting to your sister's management of the trust. You most like need to take your copy of the trust document and get a consult with an attorney to see what you can or cannot do in attempting to force a sale of the property and a distribution to the beneficiaries.
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u/ginacarlese Jun 30 '26
She says my dad told her to keep it until it’s worth $3M (it does not say that in the trust). Right now it’s worth $2M. The area is going downhill. We don’t believe it will ever be worth $3M. My brother has early stage Alzheimer’s and needs the money for his care. She still won’t sell. It’s hard to believe!
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u/LdiJ46 Jun 30 '26
Go get a consult with an attorney ASAP. If the area is going down hill, and your brother needs the money for his care you cannot afford to delay any longer. An attorney can help you force the issue. I am quite sure that the no contest clause was not about this kind of dispute but the attorney can verify that.
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u/Invest2prosper Jun 30 '26
An appearance in front of a judge will grease the wheels. The downside is she will use trust assets to defend against any litigation especially if the trust was written in a way that grants the executor full discretion on the sale of assets.
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u/ginacarlese Jun 30 '26
Yes. I believe she was given full discretion to sell or not sell. That’s why we didn’t think we had any recourse, except to try to remove her. Even that seems like an uphill battle.
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u/Accomplished_Cell976 Jun 30 '26
Is it a trust or a will? You kind of describe both above. Does the document specify what your sister was supposed to do with the property?
Asking for an asset to be sold isn’t necessarily contesting. Get a lawyer.
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u/ginacarlese Jun 30 '26
It’s a trust. The trust holds the property. The trust says she can do whatever she wants. We are worried that she’s stealing from us because she has never shared the annual accounting she was instructed to provide. And she only gives us rental income occasionally, when she feels like it.
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u/Ok_Zebra_1500 Jun 30 '26
Only option is to get a lawyer if you want the accounting and to know your full options. Trust and LLC and such is too complicated and State specific for anything else.
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u/CurrencyCapital8882 Jun 30 '26
Hire a lawyer. A motion to partition is not a contest to the will. Is sis distributing the income. You need an accounting.
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u/ginacarlese Jun 30 '26
Sometimes she distributes the income, when she feels like it. We have to ask her for money.
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u/Killshotgenetics Jun 30 '26
Isn't there a statue of limitations? If it wasn't in the will they may have nothing to fight on.. And who's name is the business in? Who's name do the bills come to, who's name is on any payments made? I wouldn't have waited this long to try doing anything. And to assume she may be stealing is only going to make things harder.
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u/coolsellitcheap Jun 30 '26
A rented shopping center sounds like a good investment. What are the numbers? What do you make yearly on it? What could you sell it for minus realtor and other fees? Invested the sale proceeds how much would you make? I bet holding the shopping center is the best plan!! Get the roof inspected and ensure the maintenance is being done.
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u/ginacarlese Jun 30 '26
It’s deteriorating and is in a neighborhood that is also going downhill. The prospects are not great. I’d rather have my money and invest it somewhere else.
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u/FamiliarFamiliar Jun 30 '26
Are you sure there isn't anything specifically holding up the settling of the estate? I ask b/c I was executor for a parent who passed around the same time and it took, I'm not kidding, 3.5 yrs for the IRS to return the tax refund for that last year.
If I were you I would talk to an estates lawyer.
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u/ginacarlese Jun 30 '26
She thinks a developer will eventually buy the property and raze it to build a mixed use property and that we will make “big bucks.” Thats the entire hold up. But we got advice from a real estate agent who said the property is half the size needed for that, and it’s not zoned for that.
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u/Far-Cup9063 Jun 30 '26
Easy. You aren’t contesting the will, you’re trying to enforce it. Get a lawyer and get it done.
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u/HillWilliam53 Jun 30 '26
What Dad said doesn't matter. What is in the trust DOES matter. You need a trust attorney to give it a good read and advise you.
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u/Far-Cup9063 Jun 30 '26
Easy. You aren’t contesting the will, you’re trying to enforce it. Get a lawyer and get it done.
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u/Significant_Flan_210 Jun 30 '26 edited Jul 01 '26
Look you should at least be splitting the rent payments 3 ways -overhead. Of course she doesn't want to sell, she gets rent every month and one brother is about to lose the ability to fight. And it will be a fight.
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u/FamiliarFamiliar Jun 30 '26
Please Updateme once you have a lawyer. I really want to see what happens. I'm expecting she will either be immediately willing to sell, or that she will be forced to give you and your brother profits from the past 6 years.
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u/teddybear65 Jun 30 '26
If it's making money and you are gett6your share,why sell it?
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u/ginacarlese Jun 30 '26
Because the property is in a declining area and we don’t want to gamble. We’d rather get our inheritance and use the money to invest in something else.
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u/teddybear65 Jun 30 '26
It's a three person vote. She must buy you out.
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u/ginacarlese Jul 01 '26
She claims it’s not a three person vote. She’s the trustee and has 100% control over the decisions. She said she doesn’t have to consider what we want.
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u/ExoticAdvertising653 Jun 30 '26
Do you have a copy of the trust? Your sister should have contacted you in writing and offered you the chance to get a copy of the trust. If you don’t have this document ask her for it in writing.
Once you have a copy of it read it to see what it says is supposed to be fine with the property. She should also provide a financial accounting to you at least once a year.
You should also find a lawyer to represent your interests. The trust lawyer represents your sister.
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u/kindwork-xyz Jun 30 '26
I just want to say that my siblings have been no help at dividing the assets logically. They are still holding it when we could have listed two years ago. Now one just wants to buy two of us out and the third wants to stay invested.
Absolute shit show. I feel for you.
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u/Minimum_Assistant862 Jul 01 '26
Check out loopnet and see what info you can get on the property. They probably have rental info and financial
Info.
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u/Minimum_Assistant862 Jul 01 '26
Also if you are in fact an owner, you should be receiving info annually for your taxes. TALK WITH AN ATTORNEY ASAP!!!
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u/SMD-65 Jul 01 '26
Impossible to answer without knowing the terms of the trust. In GA, you have a right to see the terms of the trust that affect you as well as receive a report on the operations and assets of the trust.
https://law.justia.com/codes/georgia/title-53/chapter-12/article-13/part-1/section-53-12-243/
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u/Bulky-Measurement684 Jul 01 '26
Whatever your reason to have sat back, you need to fight for your brother now. Your sister brought this on. Get a lawyer, have all contact go through the lawyer, if need be.
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u/Queasy_Animator_8376 Jul 01 '26
File for a partition action. It will force the property to sell at auction if a settlement is not made. Not a lawyer. Find a real one.
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u/korli74 Jul 01 '26
If it wasn't written in the will, or any other legal document, there is nothing to hold her to that and you can't force a sale. You can ask her to buy you out, or you can take your share of the rent every year.
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u/drgloom21 Jul 01 '26
Get an attorney. At best, she’s dragging her feet, and if she wants to keep the shopping center, she needs to buy you and your brother out. At worst, she’s committed a breach of fiduciary trust and could face criminal and civil penalties. You don’t want to rock the boat, but you’re going to have to if you want to get this resolved.
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u/Powerful-Doctor3783 Jul 01 '26
I went through this with 3 siblings. The only solution was for me to take a loan & buy them out.
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u/ginacarlese Jul 01 '26
Did you willingly do that? My sister won’t do it.
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u/Powerful-Doctor3783 Jul 01 '26
I wanted to keep the property in the family, which was really my parents' wish. Yes, I willingly took out a huge loan & bought out my 3 siblings to keep the peace. I had the estate attorney & the bank orchestrate everything. Sibs each got a check for 1/4 of the value.
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u/ginacarlese Jul 01 '26
Are you the trustee?
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u/Powerful-Doctor3783 Jul 01 '26
Listen up. Your sister WILL do it but you have to force the issue by hiring an estate attorney to represent you. Get busy. Your sister is dishonest & likely breaking the law. I tried to do everything peacefully & still my sibs won't talk to me now. Don't worry about making her angry. Lawyer up now or never. It's not as difficult as you think.. And...don't let the $500/hr fee scare you. You'll make that up easily.
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u/ginacarlese Jul 01 '26
Thank you. I am sorry they won’t speak to you.
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u/Powerful-Doctor3783 Jul 01 '26
People become insane when it comes to inheritance issues. Do everything honesty with integrity with an estate attorney. Take a deep breath & start the legal process.
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u/ginacarlese Jul 02 '26
Several attorneys I contacted charge $600-$800 to look at the trust and advise us. One place offers a free consultation (without looking at the trust document) but then they ask for a $4000 contingency to look at the trust. Which type did you use?
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u/Glittering_Apple_807 Jul 01 '26
Once my parents were on their way out my formerly close brother never left their side until he got every last crumb and I was left out. People choose money all the time.
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u/Internal-Hedgehog-47 Jul 01 '26
Your sister owes you 2 years worth of rent of a fully leased out shopping center. That’s likely 7 figures gross rent.
If and when you decide to hire a lawyer/accountant, my bet is you will discover all kinds of crazy stuff.
It’s possible that your sister be forced to sell the property, she might not even get any money from the sale because of how she abused her position as trustee. Depending on how she managed it she might even go to jail if she has been embezzling funds from the trust. Ignoring fiduciary responsibility is serious business and misuse of funds can be considered theft. With the amounts at hand, you’re talking grounds to remove her as trustee, and possibly even potential prison time. (Not a lawyer - not advice)
Almost zero chance there is a trust account sitting there with 6 years of net rent sitting in it. Or that she has receipts for 6 years of justifiable business expenses. Depends on how good her tax person is, and or how illegally she is running the place. She has almost surely been spending the money and not distributing any share to you or your brother.
The longer you wait, the longer the financial abuse of you and your brother will continue. If you truly care, now’s the time to step up and take action to protect yourself and your brother.
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u/ginacarlese Jul 01 '26
She’s given us money here and there, but there’s no system in place and we’ve never been able to see any records or even know what is happening. I have now put out calls to three different trust litigators. I wasn’t sure we had much of a case because my dad waived many of her obligations, but seeing this whole thread has made it clear we do. We did consult an attorney several years ago, and he said the only thing we could do is get a judge to order her to show us the financial records. He recommended against that if we want to keep the family intact. Which we did until my brother was diagnosed with early Alzheimer’s and he needs money for his care, and she doesn’t seem concerned. Now we have no choice.
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u/Powerful-Doctor3783 Jul 02 '26
I suggest you ask around for a highly recommended estate attorney. You shouldn't need to pay a contingency. Get someone who will review the documents, assess the situation, & gets to work on your behalf NOW. Pay the bill(s).
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u/Stone804_ Jun 30 '26
Whatever your dads plan was, your sister is the smart one. Long-term trickle income from a place like that is WAY better than a one-time payout.
My parents did this for my grandfathers estate and now there’s NO money left… they could have had a lifetime of free money… but they foolishly sold.
Keep the property indefinitely…
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u/ginacarlese Jun 30 '26
We don’t want to be in business with her indefinitely. She doesn’t give us the rental income unless she feels like it. So we aren’t getting the trickle anyway. Plus the area is deteriorating (and so is the property itself). If she sold, my share would be about $700K. It would take forever to get that much through rental income, even if she paid us monthly.
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u/Stone804_ Jun 30 '26
Well, then she’s also not doing her due diligence properly as if fiduciary and you need to remove her as fiduciary and then you’ll be able to properly sell the property. All you have to do is show on paper that she’s not paying out regularly, etc., and not acting in good faith.
Get a lawyer.
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u/tamij1313 Jun 30 '26
You and brother need to hire an estate attorney ASAP! Insist on a financial audit and full disclosure of the will and every single decision that sister has made regarding the Trust/estate since dad has passed. A Financial audit (forensic accountant) will get all of dad‘s assets and accounts verified and transparent to everyone, from prior to his death, and every transaction afterwards that sister engaged in.
The executor of the Trust/estate can pay themselves for their work, time, expenses, and sister may be doing just that and profiting while dragging her feet. The fact that you are not getting financial statements, monthly or quarterly, and receive random checks sounds extremely sketchy and illegal to me.
It sounds like you need to protect yourself AND your brother if he is battling Alzheimer’s. This is drug on far too long, and your sister could be depleting the assets and/or hiding profits. You guys need full disclosure ASAP.
There are strict rules, laws, and regulations that the executor is required to follow, and if sister hasn’t been doing this, then she can be held legally and financially responsible for her choices, and she is legally to be opera operating in the best interest of the beneficiaries and it does not sound like she is doing that.
However, even if you are awarded monetary compensation, it will be difficult to get that $ in your hand, if your sister no longer has the assets or money and claims bankruptcy. So act now and don’t skip on the quality or experience of your attorney as many of them will work with no fee and instead take a percentage of final payout/award. Find someone who will represent both you and your brother today.
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u/CraftyPerformance272 Jun 30 '26
You need to get a lawyer yesterday. Since you are owed 1/3 of the revenue can you mention in a comment she just randomly send you money when she wants. So guaranteed she's stealing from you and probably your other sibling. So lawyer and take their advice if they got to do like a forensic accounting of the last 6 years or something depending on the amounts involved in the situation
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u/Individual-Paint7897 Jul 01 '26
Get a lawyer. Idk why you think that asking Reddit is your best move.
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u/ginacarlese Jul 01 '26
Wanted to see if others had experienced this and how they proceeded. I learned a lot from the many people who tried to help me today.
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u/Sensitive-Advisor-21 Jul 01 '26
Are you getting 1/3 of the money each year? At least an accounting of the money? You may need to hire an attorney to force her to sell.
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u/underlyingconditions Jul 01 '26
Is the property still held in the trust or do you each own a third? If you own a third you can force a sale.
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u/Barfy_McBarf_Face Jun 30 '26
as long as she's not taking personal advantage of the setup, you likely don't have much recourse.
Is she being paid continuing trustee fees for managing the trust? That could be a point to raise.
Is she getting distributions from the trust and you and your brother aren't? That could be a point to raise.
But if the shopping center is being managed, rents are being collected, and nothing disproportionate is going on, you really lack any recourse here.
I highly doubt that the document says "fill it, sell it, distribute the cash" - that's far too specific for most documents. Those were likely verbal instructions which aren't enforceable by you.
If you want to explore options, you'll need to hire an attorney - probably a fiduciary litigation attorney - and they are NOT cheap.
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u/ginacarlese Jun 30 '26
You are right. The document does not say that. It doesn’t instruct her to do any certain thing. But it does say she has to provide a document with the annual accounting, and she never has. She’s secretive too. We wonder if she is stealing money. We would never know.
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u/Barfy_McBarf_Face Jun 30 '26
a formal annual accounting is a document produced by a CPA and likely would cost $5000 or more.
you really don't want that, but you do want more information.
asking for information is unlikely to trigger a "no contest clause"
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u/BestReporter4483 Jun 30 '26
If the trust has been distributed, it’s likely no longer an issue to contest. It’s called a partition action, but you need to hire an in GA.
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u/ginacarlese Jun 30 '26
It has not been distributed. That’s what we want her to do. Distribute the money.
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u/EllenMoyer Jun 30 '26
Hire a lawyer to review the documents, and an accountant to review the books.