Legal Question in Real Estate Law in California

I asked a question recently but I'm afraid I left out some information that might change things so I'll pose the question again. Since my father's recent death my mother would like to sell some property that had been left to dad and his two siblings. The siblings would also like to sell the property. Each owner holds title as tenancy in common.

My parents had put the property in the trust with both their names, dad's brother is on the title (not in a trust) but is not living and leaves a widow, dad's sister is on the title (not in a trust) with a different last name than she has now. What is the process for selling this property with everyone in agreement.

My parents' trust does allow for the surviving spouse to sell property.


Asked on 9/09/09, 9:51 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The only legitimate answer you can get here is that the Trust and related documents need to be reviewed to see what authority the Trustee has. If serious about getting legal advice and help, feel free to contact me. This should not be a real problem if the Trust was properly drafted. Unless it requires a court order to clarify or grant authority, a simple agreement should be enough.

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Answered on 9/10/09, 1:36 pm


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