Legal Question in Wills and Trusts in California
Merkel/Will
Grandmother passed and in her will left 5 of us her Condo in California. Two were bought out leaving me, my brother, my mom. I want my portion of what is due to me, but my brother and mother refuse to sell and give me my portion. They want my mother to live in Condo after her husband dies and then my brother wants to use it for a rental. What legal rights do I have. If they continue to live and manage it I will never get my portion that was left to me in the will. Can I legally force them to sell it so I can get my portion?
3 Answers from Attorneys
Re: Merkel/Will
You can force a sale through a lawsuit called a Partition Action. If they wish to keep the condo, they must buy you out. Otherwise, you can force a sale, and possibly recover attorney fees and costs because of their refusal.
Re: Merkel/Will
I agree with Ken. There ways to do it through the courts. Of course, doing so may estrange you from your brother and mother, a "non-monetary" cost. You will have to weigh and balance a few things, but there are actions you can take.
Robert Mansour, MansourLaw.com
Re: Merkel/Will
Yes, you can receive your rightful portion of the estate at issue. The law will not allow other to force you to wait or allow them to prevent you from receiving your inheritance period. The legal action you seek herein is called a partition action, in which they must buy you out or sell the premises completely. Further, if they are wrongfully preventing you or protesting to your efforts to receive what is yours, you may also be entitled to recovery of court costs and attorney fees. For prompt, affordable assistance in this legal matter, contact us early this week for a free phone consultation.
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