Legal Question in Wills and Trusts in California

I along with my 3 sisters are co-trustees of my Dads family trust. He passed away in June. The estate includes an house and assets that will be liquified to cash. As of now everything is set to be divided up 3 ways equally. One sister has said she does not want to own any part of the house, what are her options and how does it affect my share?


Asked on 7/10/11, 1:54 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Depending on the terms of the trust, either the majority of the trustees or all of the trustees will have to agree on how to distribute the property. If the trust allows for "non-prorata distribution" (probably) and If there are sufficient liquid assets, you can allocate the house to just three of the siblings and a correspondingly larger share of liquid assets to the sister who doesn't want to be involved in the house. You can sell the house and distribute the net proceeds. Or you can just distribute the house to all four of you. If you can't agree it will be more complicated. Note that parent-child transfers are exempt from reassessment in CA, but sibling-sibling transfers are not.

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Answered on 7/10/11, 2:10 pm
Donald Field Donald L. Field, Jr., Attorney at Law

this depends upon the language of the trust agreement. you and your sisters should retain a qualified attorney to advise you with regard to the many duties and responsibilities of trustees of such a trust after the trustor is deceased, as well as answer questions such as this specifically and with full knowledge of the facts of the trust and its assets.

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Answered on 7/10/11, 2:57 pm


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