Can My Sister Who is Trustee of My Father’s Estate Decide Alone How Assets are Distributed?

The terms of the Trust document as executed by the Donor (the father) will control the issue of retention vs. sale and distribution of any asset contained within the Trust.

The assets contained within are indeed ‘owned’ by the Trust, but must be managed in accordance to the Trust document.

If the Trustee is granted discretion within the document on how or when any asset is to be sold, then the trustee may exercise that discretion for the benefit of the Trust and/or beneficiaries as he or she sees fit.

At the same time, the Trustee must exercise his/her authority pursuant to the terms of the Trust document, and is obligated as a fiduciary to uphold and manage the trust pursuant to the terms of the Trust document.

So in short, read the Trust document — it specifically details the requirements for managing the assets of the Trust and the responsibilities of the Trustee, with all terms and conditions contained in the document.