Legal Question in Wills and Trusts in California
Inheritance question
My brother and I inherited a home from our parents. Our parents had a trust naming my brother and I as beneficiaries and naming me as estate executor, the house was in the trust. Recently we had the house put in both my brother and my names. We cannot agree on selling the house, I want to sell and he doesn't. I offered to sell him my half and he doesn't want to do that. As estate executor do I have the right to sell the house without his consent?
1 Answer from Attorneys
Re: Inheritance question
Once the house is in your names, it's out of the trust and you can't compel him as trustee to sell. You would have to agree on a course of action, or you can file a partition action to sell the house. The threat of partition may force him to negotiate with you.
Also, if there are further items in the trust, perhaps this could be used in negotiating a sale. Consult with an attorney to see what's left in the trust administration, and to try negotiating a sale.
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