living trust limitations

[Confused in NJ]

my uncle passed away two monthsago, and left an irrevocable trust. In it he named my cousin as the successor trustee. The trust provides for my mother and aunt toeach receive 200,000 from the trust, with my uncle's remaining assets going to create a scholarship fund at his college. My uncle's home and contents are to sold to create the college fund. The problem is my aunt does not want the home and contents sold and hence given to an "outside" party. She is using guilty to motivate my cousin into doing nothing about my uncle's wishes. What can be done about this. How long can this be drawn out? Can my mother receive her disbrusement before my aunt receives or wants her portion.

 

[ALawyer]

If someone wants the home maintained in the family, she can buy it from the trust at fair market value less brokerage costs.

The trustee seems to have limited discretion at best.

 

[Dandy Don]

You would need to consult with a trust attorney in person to get a specific answer to your question/concerns. If the trust instructs that the home and contents be sold (does the will say this also, or not? Does a will even exist?) then there is a strong argument in favor of those instructions being carried out.

Aunt can't really object except for sentimental reasons since she is well able to afford to move somewhere else, or sell her the home at an amount that will be healthy enough to create a college fund as well.

Is there some reason why the aunt doesn't want or doesn't want to receive her disbursement? Of course your mother could be paid before the aunt, but it wouldn't look very good, since the aunt is the widow and out of courtesy she should be paid first or at least all beneficiaries paid at the same time, unless there is some reason that the aunt is causing unnecessary delay.