Legal Question in Wills and Trusts in California

Transfer of Real Property and Paying Sibling 50% Owed

As trustee of my father's trust, I will be transferring the house into my and my spouse's names (with permission from my sibling), but what is the best way to pay my sibling out their 50% interest after paying off the small equity loan so that neither party is penalized/taxed? We had a CMA done on the house immediately after dad's death, so we will be using that as the amount for the property. Do we pay their half to the trust and then disburse the money from the trust? Thank you for your help.


Asked on 4/13/04, 12:29 pm

1 Answer from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Transfer of Real Property and Paying Sibling 50% Owed

Yes, you probably want to put the money through the trust. You will also want your sibling to sign off on an agreement/release stating that the money received satisfies their interest in the trust. I can draft the agreement for you, but you will need to retain you.

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Answered on 4/13/04, 5:31 pm


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