Legal Question in Wills and Trusts in California
My brother and i are on the trust my mother left as benificarys of her house.It atates we both can live in it for rest of our lives.My btother thats the trustie syas that cause my brothers name is first on tust it goes in his name and not mine also.There is a morgage on it and can the bank make us sell it isted of paying it off.
2 Answers from Attorneys
You brother does not understand the trust. You need assistance from an attorney. There are two possibilities... The trust is to continue which means the home stays in the trust name... And then the new designated trustee deals with it or the more likely probability that the trust is to end. Her bills must be paid under the statute based on claims filed, the property is distributed to beneficiaries which means Both names are on it... See an attorney or all you will have is a big mess to writ out later
Sorry for your loss.
Your brother may be named the first successor trustee and his name would go on title to the property as trustee of the trust. This just means that as the "manager" of the trust, he is responsible for title to the property. If the trust names both of you as equal beneficiaries and the house is not sold or retained in trust, then the distribution of the real property from the trust would be to both of you as individuals.
You should seek the advice of an attorney so they can review the terms of the trust to make sure everything is properly administered.
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