Legal Question in Wills and Trusts in California

While I have no idea how large the trust may be, or the number of its assets, I would not think this an inordinately long administration and distribution period where a sale is completed in the trust administration. There are numerous steps to complete in the administration, the complexity depending on exactly what is in the trust, income tax filing requirements, the number of non trust assets, the potential claimants, the steps required in a sale transaction and other factors. I woudl suggest a call to trust counsels office asking for more information and a projection as to distribution timing.

If you want to pursue the issues more rapidly, you can engage counsel at your own expense to follow up on the administration status and urge things along. Your sister should be communicating with you as to what is happening, but if she will not, you are entitled to basic information as to the administration. I assume you have received the required notice and requested a copy of the trust instruments.

I would expect your sister and her counsel may want to distribute this year to avoid paying income tax in the trust, and to pass out the tax impact to the beneficiaries. Individual beneficiary tax rates may be significantly lower than the trust tax rates. However there may be a basis adjustment in effect that eliminated income tax consequences of the sale itself.

So it is your decision to either be patient, to pester the trustee and attorney or to engage counsel to represent you. This would largely be based on your confidence in your sister and her counsel.

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