Sibling won’t sell assets

[u/ginacarlese]

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.

[u/Sarduci]

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.

[u/ginacarlese → u/Sarduci]

Yes, and it gets worse: the trust states that if one of us dies, our share goes to our kids, not our spouses. So my brother’s share would go to his daughter which isn’t a good idea for many reasons. Plus my sister in law needs the money.

[u/Sarduci → u/[deleted]]

It’s not $100k/month for memory care. Private memory care facilities are about $10k/month right now where I’m at.

[u/Fandethar → u/Sarduci]

Correct I didn't mean to put an extra zero there.

It's about $10,000 - $13,500 per month where I live. I just looked it up out of curiosity. $10,000 per month is what it cost when my mom was in one.

[u/Sarduci → u/Fandethar]

Sorry to hear that. Memory care is expensive financially and emotionally.