Legal Question in Wills and Trusts in California

under california law can I as one of two co-trustees and 2/3 owner of a property left in trust, sell that property as was designated in the trust without the other 1/3 tenant in common co-trustee signature? Trust's successor has died. I want to sell my mother's home and fulfill the trust's stated distribution. Co-trustee does not and he's living in the home. Nothing has been distributed because it couldn't be until Nov. 25 of this year as per trust's instructions that "house should be sold" 12 months after successor's death.


Asked on 12/26/15, 1:03 pm

2 Answers from Attorneys

Gary R. White Burton & White

Not likely, but a review of all the relevant paperwork would be needed for an accurate statement about what would be needed to sell the property.

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Answered on 12/28/15, 11:20 am
William Christian Rodi Pollock

I agree. It is unlikely you can get a title policy without both trustees signatures. You could perhaps go to court to force a sale. The actual trust and title documents must be reviewed by capable counsel to provide you a definitive answer.

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Answered on 12/28/15, 2:48 pm


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