Legal Question in Wills and Trusts in California

Assuming that the house has been transferred into the names of your husband and his siblings, yes; it is the only way to resolve the issues between the siblings.

I agree with Mr. Hoffman. If the home is now in the names of your husband and his siblings, a partition action must be filed in order for the children of the deceased sibling (and your husband) to receive their share. If the property is still in the name of your mother-in-law, a Probate action would need to be filed on your mother-in-law's estate.

I shall assume for the moment that a deed was prepared and recorded distributing the property. Was the deed prepared pursuant to a probate court order? or was it prepared by the successor trustee pursuant to trust administration after your mother in law died? Are your husband, his living siblings and the deceased brother's children represented by attorneys? Did the will or trust give any of your husband's siblings or anyone else the right to continue living in the house? The answers to these questions are relevant to answering your question.

Generally speaking, a partition action could solve the problem, but depending on the circumstances, everyone affected might be able to resolve this with the help of an experienced mediator who also knows the law in this this area. This would certain save on attorney's fees and court costs.

(I also can't help but wonder when the new deed was recorded, whether the property taxes were increased as a result of the distribution, and who is presently paying for insurance, property taxes and upkeep?)

To sum up, there are a lot more facts needed before I would advise a partition action.

Best of luck,

Roberta Avrutin, Esq.

323.653.3900 ext 115