Legal Question in Wills and Trusts in California

If you are willing to sell, she should pay 1/2 of the fair market value of the house. Get an appraisal.

Your being co-trustees matters less than what the Tust/Will states. How is the property to be divided and handled on his death? You need an appraisal if the house is going to be distributed to anyone as when they sell it there will be a taxable incident. You need to look at the tax ramifactions.

I agree with Mr. Shers. The important thing here is what the trust/will states. Does the trust/will require that the assets are to be sold and the proceeds divided? Are the two of you, as beneficiaries, each suppose to receive 1/2 of the house as tenants in common? If you each receive 1/2 of the real property as tenants in common, then it's likely that your sister cannot force the sale of the real property.

As far as the two of you acting as co-trustees under a trust, you also need to look to the trust document to find out what powers co-trustees have under your father's trust. Does the trust contain provisions concerning disputes between co-trustees? Many trusts state that if such a dispute arises, then the co-trustees are to agree on an arbitrator to settle the dispute.

In order to better advise you, you should have an estate attorney review the trust document and advise you and your sister on how to proceed. An estate attorney can guide you through the estate administration process. By consulting with an attorney now, you can save you and your sister much distress in trying to settle your father's estate.