Legal Question in Wills and Trusts in California
Loosing grandmas house
My Grandparents died a yr. ago and left the house in a tust in all four kids names. My mother gave me her part since I cared for my Grandparents while they lived. Two of the owners want to sell, the other two don't. I live in the home & just received a letter from an atty to get out in 60 days so they can put the property up for sale. I called the Atty on friday & asked him to please tell my uncles I want to buy them out to give me time to qualify for a loan. He said he would talk to them to see what they want out of this in terms of reimbursement. I put in money for upgrades that were a necesity while my grandparents were alive.
Is the value of the home at the time of death of my grandparents or the value now? Can they sell if not all parties agree? Am I entitled to a reimbursement for upkeeping,maintenance and necesity for my grandparents to live in? Am I responsible to reimburse the others for rent for 1 year that I lived in the home after my grandparents died? Can they really throw me out in 60 days? What kind of Atty do I need? Is it even worth me spending the money and time with an atty when my best bet is to just give them their money?
1 Answer from Attorneys
Re: Loosing grandmas house
The property is valued as of current values, not value at date of death. I would have to review your trust document, but generally if the parties can't come to an agreement, the trustee has an obligation to sell. You are entitled to reimbursements for upgrades but may be liable for rent. You may want to hire an attorney just to review the documents and protect your rights. You should hire a firm familiar with probate and trust adminstration. The attorney probably does have the ability to commence an eviction lawsuit, which may not be able to remove you in 60 days but probably something close to that.
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