Legal Question in Wills and Trusts in California

Re: Mom gave home to sister but if she sells all 5 sibs get share

You better get something in writing documenting the agreement or you will be in big trouble. You should also record something against the title, such as a memorandum of agreement, that will put the world on notice of your rights. If this isn't done, it may be impossible to enforce your rights.

Re: Mom gave home to sister but if she sells all 5 sibs get share

I woiuld need to see a copy of the will. The sister may have been given a life estate (unless she sells). If that is what she receives, she could probably not refinance without a court order, and she would probably be required to pay the property taxes.

Re: Mom gave home to sister but if she sells all 5 sibs get share

Attorney Koenen is correct. It sounds more like a life estate or maybe even a constructive trust.

Also, as he stated, the Trust instrument itself should be the source of the answer. I would be happy to take a look for you, free of charge, and give you my opinion. Feel free to contact me directly at 626-578-0708, extension 4.

I can also be reached through our firm's web site at www.No-Probate.com.

Scott

Re: Mom gave home to sister but if she sells all 5 sibs get share

you and your brothers and sisters need an attorney immediatly to help you as you cannot do it your self --- you question is too fragmented to answer properly and accuratly --- it appears your mother has died and i would need to see a copy of the will or other documents before any attorney can advise you properly --- by your area code i am in conta costa or near you === I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.