Legal Question in Wills and Trusts in California
In my parents' trust there are two properties referenced. One is to be mine and the other is going to be sold. My brother is the trustee and says I have to wait until the other property is sold before the deed transfer to my house can be processed. Do I have to wait for the other property to be sold, or can I ask to be able to go to the lawyer handling the trust and have them let me sign the deed transfer for the house that was willed to me. I can pay for the deed transfer and recording fee. Otherwise, I may have to wait 4 months for the other property to be sold and there are insurance payments due on my house and property taxes coming due soon as well. I don't want to face any payment penalties or cancellation of insurance.
3 Answers from Attorneys
Unless the trust states otherwise, there is no real reason to delay transferring your property to you.
Scott Jordan is correct. However, you would be wise to obtain the assistance of trust lawyer who can represent you as a beneficiary, to be sure you are protected in this transsaction and to be sure the trust is being administered properly.
If your brother is retaining the property to assure creditors are properly paid, or to allow a complete accounting, he should be assuring that all payments relecant to the property are being made by the trust. Ask him or his counsel if these payments are being made.
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