Legal Question in Wills and Trusts in California
Can a Partition Action be brought on an irrevocable family trust in California? My sister is the successor trustee ( and co-beneficiary ) since the death of our mother (grantor- trustee-settlor ) in 2008. The trust states the assets ( mainly a rental property real estate ) are to be distributed equally between the 3 beneficiaries ( my sister, my brother and myself ) upon the death of our mother,,.back in 2008.
All 3 of us mutually agreed at that time to not sell the property at the bottom of the real estate market.
Today...8 years later...2 beneficiaries ( my brother and myself ) now want to sell the property. My sister, co- beneficiary and successor trustee, does not want to sell the property.
With the rental property..held within and owned by "The Atwood Family Trust" (...now, an irrevocable trust..) is it possible for 2 beneficiaries to compel the successor trustee to sell the real estate, and divide the resultant cash, by bringing a Partiton Action ? At this time, I am led to believe that we cannot do this as the real estate is actually owned by the Trust.
1 Answer from Attorneys
I don't think you can bring a partition action against the trustee, but you can petition the court to compel her to follow the terms of the trust and distribute the property. Once it is distributed (deeded) to the beneficiaries, a partition action may be brought. However, if you all agreed back in 2008 to keep the property in the trust (probably not what the trust directed), the first step would be a written revocation of that agreement and request for the sale and/or distribution of the property. You need a lawyer.
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