Legal Question in Wills and Trusts in California

Re: home in trust

I believe you mean person B does not want to sell the home.

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What you are asking depends on the classificiation of the gifts. Specific gifts, such as real property are unique and almost always must be delivered as gifted. Money, even if an exact amount is stated, is still a general gift unless the source of the funds is identified (ie '$10,000 that is in my Citizen's Bank ccount no 11111111'.)

Without reading the trust instrument itself and before checking the code, there are only generalities, but, generally speaking, no, the home owner should not have to sell to accomodate the monetary gift, but the terms of the trust CAN override this general rule. If there is no money to meet the specific amount, then the gift just fails.

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Regards,

Scott

Re: home in trust

This is a matter for interpretation of the provisions of the trust. If you doubt the trustee is handling this properly, you can get a court determination in an action for an accounting.

Re: home in trust

I seriously doubt that the trustee will be ordered to sell the house to free up some cash. If your specific gift is not available when the testator dies, then there's no gift to give.