Legal Question in Wills and Trusts in California
my two brothers and I are co-trustees of my deceased mother's living trust. We have sccepted an offer to sell her house which we all signed however now one brother wants more money. Can the majority proceed with the sale?
2 Answers from Attorneys
If all Co-trustees do not sign the escrow instructions and transfer it is not not likely that the escrow will close, even though there is a binding agreement to sell the property, as the title company should require all Co-trustees to sign the deed. If one Co-trustee is adamant about wanting more money for the property and refuses to cooperate, you need to file a petition with the probate court to have the uncooperative Co-trustee removed.
You should also look at the terms of the trust to see whether there is a requirement that all three co-trustees act unanimously or if there is a majority rules provision.