Legal Question in Wills and Trusts in California
When my father passed away, he left his house in CA to his three grown children (my brothers and myself) with the provision his 2nd wife could live in the home until she chose to move or died. She has chosen to move in with one of her sons. Another of her sons still lives at the house. One of my brothers was named Executor, but he is not selling the house. My other brother and I have always called him "The Great Procrastinator" because this is how he is with everything. Question: IS there a set time limit in which he MUST sell the house, or at least put it on the market? Also, how do we get the other son still living at the house to leave - or at least pay rent?
2 Answers from Attorneys
The trust document controls what is to happen. The law does not set an outside time limit for the sale of the house -- but a court may look to see if a failure to sell is a breach of the trustee's duties to the beneficiaires.
It is also the trustee's duty to properly manage the trust estate, including collecting rent for the house.
You need to consult with an attorney to determine the most efficient way to get the trustee to act appropriately. It may be that a letter to the trustee is sufficient to get him moving. If not, you will need to petition the court in the appropriate county for an order to remove the trustee, surcharge the trustee for lost rents, or perhaps some other remedy.
Unless the trust document specifies a time period, there's no set time, and it's a matter of what seems to be reasonable. For example, giving your brother a couple of months to vacate the home is pretty reasonable. Giving him three years isn't.
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