If someone is trustee of an estate do they make all the decisions?

Question

My parents both died within the last year. My step sister has moved into their home. She basiclly told me that if I did not come to pick up the things she said I could have, on a certain day. I could not have anything. I could not go on that day, so she gave my mothers things to other people. Or she threw them away.
As trustee does she have the right to do these things. And now that everything is gone her lawyer said there is nothing that I can do about it.
Can I sue her for the way she has handled the division of our parents property? Or do I just have to take it? As Trustee was it her right to divide property not specificly listed in the trust at her discresion?

Answer 1

It depends on the provisions of the will. She must abide by the intent of those provisions. Most wills state how the property is to be divided among the heirs. If you can prove that she intentionally violated the intent of the will, most wills will also provide a clause that will disinherit her or leave her with $1. I would get a copy of the will and an attorney and certainly not take the word of her lawyer. His job is to put every possible spin on things to make her look right.

Answer 2

If she is the trustee, she is the one that was given the right to do what she feels is best. The thing is, there is certain powers that are given to the trustee. Some are only entitled to handle the money, while someone is allowed to handle the burial, etc. Check the will to be sure what her right is.

Answer 3

It depends on the conditions she was appointed after. Was she to be the trustee of the estate until you came of age? If so, she was wrong and there is legal recourse.

Answer 4

Most people aren't so mean when they are a trustee...Tell her that you want your mothers stuff and you want her to get it for you now..She had no business giving it away..Sounds like a real ***** to me..Sorry for your loss