What is the Remedy When Co-Trustee Acts Unilaterally?
Massachusetts realty trust
Question:
I’m a co-trustee and beneficiary of a Massachusetts realty trust. Since our father passed in 2024, my brother (also co-trustee) has made attempts to sell the property in the trust and then later rented it out and kept all the income without my knowledge or consent. He’s ignored all requests for accounting or transparency. My questions: How can I stop him from renting or managing the property unilaterally? 2. What is the best way to protect myself if he sells the property without my consent or knowledge?
Response:
The second question is probably easier to answer than the first. While I haven’t seen the trust itself, any buyer is likely to require both trustees to sign any deed.
In terms of your brother unilaterally making decisions about the property and not sharing the net income, that’s a violation of both his duties as a trustee and as a co-owner of the property.
The problem is that the way to enforce your legal rights is through the courts — by filing a lawsuit both for damages and to remove your brother as co-trustee. You might threaten to do so to get his attention. A letter from a lawyer often has a greater impact than you simply saying you’ll go to court. But you may ultimately have to do so to protect your interests.
Related Articles
Don’t know how your trust works?
Whether you’re creating a plan, managing a trust, or are a beneficiary of a trust, this book is your easy-to-read roadmap.
