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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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Old 10-16-2009, 04:09 PM
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Join Date: Oct 2009
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conflict of interest on rental management


What is the name of your state (only U.S. law)? Oregon

My sister was named trustee of mom's estate. There are several rental properties that are to be divided equally between the syblings. The trustee is charging 30% management fees, repairs and maintenance and landscaping. She does the work herself or hires employees to do it. She charges the trust $45 per hour and pays the employees $15 per hour.

The set costs for the rental units are being paid out on top of the 30% she is charging to the trust. Would the courts consider this a conflict of interest? She has been doing this for 9 months and just informed us that she wants to wait at least 6 more months before making a distribution of the properties. She gives no reason for this delay but to say that she wants to wait for the end of the tax year - there should be next to no taxes due for the trust as she has spent almost all of the rental income.

She paid the inheritance taxes based on the appraised values but is trying to find an appraiser willing to lower the value on the properties she wants to keep for herself. She is trying to keep the rental properties for herself and her favored brother and sister while giving the rest of us other properties on which she is going with the origianl appraised values. She is fixing up the rentals using trust money to install floor coverings, fixtures, appliances, etc. Is there anything that I can do about all of these violations?What is the name of your state (only U.S. law)?
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