Legal Question in Real Estate Law in California
My deceased father created a trust for his house. I am the executor of the trust. Does that give me enough power/authority to sell the house with out the consent of the other 2 siblings who are to receive interest from the house? Or will it have to go through probate?
Also, the sibilings living in the house are not paying property taxes or utilities. I am carrying those costs. Can I legally evict them?
2 Answers from Attorneys
You should sit down with a competent attorney familiar with trust and probate and go over these issues. If the property was properly deeded into the trust, and the trust instrument grants that power, the trustee can sell the property, and does not require confirmation from the probate court. An attorney is going to want to review the trust instrument, and any documents that show how title to the property is held.
Agreed. If you are a trustee of a trust with property of significant value, you'd be foolish to try to administer the trust without some legal guidance. Further, the trust (and not yourself) may be liable for the legal fees. At least talk to a trusts and estates attorney before proceeding.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
