Legal Question in Wills and Trusts in California

My brother changed his will and left me as the Executor. He was married to his partner whom passed away first and then not even a month my brother passed away. I meet with the lawyer who did the paperwork and he stated that the trust was not completed and that my brother's partner - his brother is the trustee. However, the brother does not want anything to do with the estate. The home was taken out of the trust therefore, it became solely my brothers. This lawyer is saying the trust need to be completed that we cannot sell the house until the trust is completed and therefore if we cannot meet the payments (foreclosure) because the courts are so backed up in CA that it could take up to 6-8 months for everything to be final. Please explain what there needs to be a trust and why would we have to wait so long when the brother wants nothing to do with the estate. Why do we need to pay out legal fees, can't this be handled by ourselves?


Asked on 7/26/16, 5:05 am

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

I can't be sure, but it sounds like it might be that the house was not titled in the name of the trustee at the time of your brother's death. In which case, it might be necessary to file a Petition for Probate or a Petition to Confirm Trust assets. I suggest you find your own lawyer who, having all the documents to review, hopefully can explain the situation to you better than the lawyer you mentioned. Once you really know what is going on, talk to the mortgage company- there should be a way to avoid foreclosure, and sale of a real property can take place during the probate process.

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Answered on 7/26/16, 10:14 am


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