Legal Question in Wills and Trusts in California

Need Help!! My father has passed away 4 yrs ago he left his house in a trust to me and my 7 siblings - my oldest brother is the executor and he has done nothing. Now me and my brother want to be bought out. They are refusing. what legal right do we have to our inheritance? And how do we go about getting it. They will not buy us out because we can't make them do that - what are our legal rights. Need help and answers. The house has been paid off


Asked on 5/17/11, 12:20 am

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

I think you can file an action for partition which would force the sale of the property. Consult a real estate attorney.

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Answered on 5/17/11, 12:59 pm
Aaron Feldman Feldman Law Group

You need to have a lawyer look at the trust document. It is unclear from your question whether the house was in a trust and was to be distributed to you and 7 siblings or whether the house was left in trust. If the house was supposed to be distributed to each of you then you each are 1/8 owners and any single owner could force a partition and sale. Again, you need to have an attorney look at the Trust and any deeds for the property to give you advice.

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Answered on 5/17/11, 1:57 pm


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