What If Co-Trustee's Disagree?

by mike mcfarland
(Norco, California)

Q: If a brother and sister are both named as trustees and they can't agree on the maintenance of a trust, how is the situation rectified?

A: Well, that depends on what the trust says. First of all, are they co-trustees or is one the trustee and the second only a contingent trustee (if the first one is unable to serve)? If there were 3 co-trustee's then majority would likely rule.

Assuming they are co-trustee's, with equal power, then we have a problem. If no agreement can be reached, court intervention may be required. In that case, you'll want to consult with a estate and trust attorney.