Legal Question in Wills and Trusts in California
Executor is trying to pull a fast one
Five years ago a woman died. She left a House to her three children. There was a provision in the will that allowed one of her siblings to remain living in the house ''as long as he so chooses or moves out of the home or dies.'' At that time, the house is to be equally divided among the siblings. He has been making the mortgage payments,paying the taxes and upkeep of the home for all of the five years he has been living there since his mothers death.
Now his brother who is not only a benificiary, but also the executer has put the house on the market. We received the escrow papers yesterday. Not only has he sold the house, he has sold it for $300,000 when it is worth $500,000 to a private party. There is to be no agent cost, the escrow papers say. Then some one posts an eviction notice on the gate and a demand for a walk through inspection on monday. Can he do this with out consulting all of the siblings? He has clearly made some sort of underhanded deal with this buyer. The last time he came to the house, he was ununounced and when my friends gildfriend tried to stop him from entering he shoved her and screamed that he would do whatever he pleased because he was the owner.
2 Answers from Attorneys
Re: Executor is trying to pull a fast one
From the facts given, the sibling at issue living in the home was granted a life estate. This means that he is entitled to remain in the home for the remainder of his natural life or until he moves, etc..according to the provisions of the will, if it was deemed legally valid. As such, the beneficiary at issue would be deemed a future interest holder, not a present interest holder. Thus, the beneficiary CANNOT legally sell the home if it interferes with the life estate holding of the sibling living there. Further, this beneficiary may NOT just show up and demand entry to the premises as the "owner" until the sibling either dies or moves out. The beneficiary is acting illegally and can be stopped immediately from such conduct. If the the life estate has been recorded, then the buyer at issue would not be deemed a bona fide purchaser (BFP)and could only purchase the home subject to the life estate of the sibling. So, recording is CRITICAL here. If you would like further, timely assistance in this unfortunate matter, contact us directly ASAP.
Re: Executor is trying to pull a fast one
From what you have described, the sibling was given a life estate and cannot be forced to move or sell the house. In light of the apparent attempt to evict the life tenant, he must defend his interests immediately. Take the eviction papers, the will and other estate planning documents to an attorney as soon as possible.
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