Legal Question in Wills and Trusts in California

I live in a Living Estate" left by my mom. When I pass on, my uncle and niece are to sell the property and split the proceeds. My uncle is being a problem and is trying to "Buy Out" my niece. He has money and my niece has little. This is in California. He says he is taking us to court to get the property and my niece needs to get an attorney...He can't do this, can he?


Asked on 8/10/15, 5:25 pm

1 Answer from Attorneys
William Christian Rodi Pollock

People can sue you for anything. So, yes he can go to court. If you have a properly vested life estate it is unlikely he will be able to successfully terminate your life estate. It would be necessary to see the relevant governing documents to advise you more specifically. Id you uncle paying any of the proerty expenses at this time? Who is paying the property tax? Is there a mortgage? If so, who is paying it?

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Answered on 8/10/15, 6:01 pm


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