Legal Question in Wills and Trusts in California

One sibling can sell or gift his share to another sibling, but should consult his tax advisor re: gift tax return if the latter. A deed and change of ownership would need to be filed. Also keep in mind that a sibling/sibling transfer is not exempt from reassessment (although parent-child transfer is) for property taxes. The time for transfer of assets out of your mom's living trust depends on the language of the trust, but generally should be done within a year of the death.

There are ways to do what the sister wants, such as a disclaimer, but she should consult with an attorney to be sure it is done in the proper way and without any unnecessary taxes.

Good luck.

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It is almost certainly better to do this via a disclaimer while the property is still in the trust, rather than to sell or give it away after. But the key word is "almost." My office is in Walnut Creek and I would be happy to provide a no-obligation initial consultation on this.