Legal Question in Wills and Trusts in California
My father passed away this June. My two older brothers and I are co-trustees with us each getting 33 1/3% each. Nothing else specific listed in the "boxed" trust. Here is my problem and question. About two years ago my father asked me if I would like to have his house and then if I did he suggested that my daughter get my home. This was done in the presence of my eldest brother. The middle brother has decided out of anger towards me that he wants my fathers house and will never sell his share. What can I do about this? I live in california.PLEASE PLEASE help. Thank you for your time
2 Answers from Attorneys
I have never heard of a 'boxed' trust. But you are going to need an attorney to help you 'probate' this trust. If th
The property can be sold by order of the Probate Court.
Double check to see if there is a clause that says the majority of trustee's control. But you can expect your middle brother to sue you if you try to deny him his share of the trust.
Get help.....and soon...you may be close to violating tax assessor rule for filing change of name of trustees after your Dad's death.
You are going to need to consult with an attorney. An attorney will be able to help you understand the validity and terms of the trust and also help determine which assets were placed into the trust and how they are to be distributed. If the 3 trustees cannot agree, does the trust require unanimous consent or can a majority vote control? I would be happy to review this trust with you. Please contact my office.
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