Legal Question in Wills and Trusts in California
Argument over house in living trust
My 87 year old mother has a living trust dividing her assets between myself,my 50 year old brother and my 55 year old sister.
Our family residence is rather weatherbeaten but in a very exclusive neighborhood and similiar houses are selling for around two million dollars.
The problem is that my sister is a pack rat and has turned the house into a huge repository for old newspapers,junky collectables and various flotsam and jetsom.My mother enables her to do this.My sister has no visible means of support and has never worked a day in her life.
Once my mom passes,my brother and I want to sell the house and divide the proceeds three ways.My sister refuses to acknowledge this and goes into tantrums when we suggest this solution My question is-once my brother and I force the sale,how can we get our sister to clear the house of the huge amount of junk that is currently there?.Obviously no homebuyer is going to purchase a place that looks like a pigsty.
What are me and my brother's options?
3 Answers from Attorneys
Re: Argument over house in living trust
In today's real estate market, even pigstys sell ... just not for how much you would like to get.
Who is the successor trustee of the trust? That person will have the right to sell the house and take other actions (such as removing the pack rat) from the premises.
The other thing to do is make sure that the house has been properly funded into the trust. It might be wise to have the entire trust reviewed by an estate planning attorney.
Re: Argument over house in living trust
it all depends on what the trust says, i would have to review all of the documents to tell you and your brother what your rights will be. i take it your mother has not yet passed away, so there may be sufficient time to do what us probate/ estate planning lawyers call pre-mortium planning -- you definitily have some rights and the extent of your's and your brother's rights will depend on what your mother had placed in the trust in effect --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 510-465- 6000.
Re: Argument over house in living trust
in order to begin answer this question the trust agreement must be reviewed and analyzed.
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