Legal Question in Wills and Trusts in California
My brother, sister and I were designated equal beneficiaries in the family trust. My dad passed away 10 years ago and my mom last year. A month after my mom died one of m y brother's died. All three of us were living in the estate. We are in the process of settling the estate.1) what happens to the benefits of the brother that passed away? 2) My sister wants to stay here, I do not and I would like to recieve my inheritance and move on with my life. She says she wont let me and gets very abusive, yelling and screaming and threatening to "destroy me" if I want to move. She is setting things up for herself and I am afraid the longer this goes on, it's going to get worse. How does this work? The trust calls for disbursement. how can the house be sold if he wants to keep it. I don't want to be forced into staying but thats what's happening
1 Answer from Attorneys
The share that belonged to your brother depends on various facts: what does the trust say? What does your brother's will say? If he has no will, who are the family members that stand to inherit?
You have a right to require the property be sold, but it may require filing an action for "partition" in the Superior Court. The Court will order the property sold and the net proceeds divided among the owners.
You have difficulties selling the property right now, because of the uncertainty who owns the property after the death of your brother. This may require a probate of your brother's estate as well as the partition action.
You need to talk to an experienced probate attorney to help you. This is not an area where you want to proceed without representation. The fact that your brother passed away makes this more complex.
Cordially yours,
Charles R. ("Rick") Perry
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