Legal Question in Wills and Trusts in California
Our sister is trustee on deceased moms trust, has told us her tax accountant told her house should have been sold when she died, same person who told her she could give me money for my property taxes, house ins not same property, all 4 of us agreed to wait for better time to sell been renting it out last 8 yrs w money going into trust acct. She says tax accntnt told her to continue this we'd have to enter into a partnership which she doesn't want to be a part of, if the 3 of us brothers want to do this we have to buy her out she says even though we can't sell unless we all agree on the price, she says we must sell it by years end. Our understanding of the trust was that there was an option to wait if we all agreed to for favorable selling price. Her main issue is she doesn't want to deal with it anymore, she says her tax acct. told her the selling and distribution should have been done upon moms death and she's using this to justify her wanting out, things were fine the only thing she's been doing is giving me partial payments from the rent money so I can pay my property taxes and house insurance due to my being on SSD and it's agreed by all as ok it will come out of my share all have 1/4 even split, I was doing this past 3 yrs, this year after telling her I need to do this again she suddenly tells us that the tax person says the above.The house is still being repaired from tenants extensive damages inside and out no more lawn out front just dirt same in backyard, shrubs are gone, being painted inside, new flooring not done but she's listing it now?, property manager was being paid to watch over property for us obviously she didn't do this. Sister has sent email to all of us wants us to do this using edocs so we don't all have to sit down together, I said yes to to it verbally that was before my brother looked at state of house, we live 115 miles from each other, none of us have seen any list of expenditures from her regarding replaced appliances and roof repairs over the years. Can she force us to have to buy her out just because she no longer wants to deal with her duties and wants no partnership with us? If that were so how is it that it can't be sold unless we all sign off on the price?
1 Answer from Attorneys
First, you are entitled to a full accounting of rents and expenses.
If 4 people own a property jointly, then one person can force a "partition and sale" of property. Since houses can't be divided into 4 pieces, the only way to achieve a partition is by ordering the property sold. In lieu of that you and your brothers can buy her out. I suggest you meet with an attorney to review your mother's trust and to see what all of your rights are.
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