dispute over mother's trust

[khepura]

A co-worker's mother passed away and left everything to her and her siblings, everything is divided equally in the will. the trustee named in the document is her sister. Since she passed away, insurance companies have reimbursed the family over 11K due to overpayments on medical expenses. The trustee is telling her brothers and sister that this money is not part of the trust or estate. She is also attempting to sell the duplex her mother owned, in which her sister also resides in. If money is received of a person who is deceased and a trust has been established, doesn't that become part of the trust? Can she force the sale of the house if her other siblings are against it?

 

[advisor10]

1-24-2002

Who originally made the payments to the insurance companies? It would seem that this money IS part of the estate if your mother or her employer made the payments to begin with.

The money received does not necessarily have to be part of or put in the trust.

Who is the executor of the will, and was the will ever submitted to probate court?

Is the house listed as an asset of the trust?

The sale might be able to be forced, but how many other siblings are there who don't want to sell? A compromise might be reached if the sister who wants to sell, if the other siblings buy out this sister's share of the home so they can continue to own it/live there without here interference.