Legal Question in Wills and Trusts in California

Re: Trust distribution

There is just no enough information here. Are these assets in the name of the trust? By the trust terms has there been an event that calls for distribution? In what context has an agreement between siblings been filed in court? Is there attorney at present?

Re: Trust distribution

Your attorney should review the agreement your sister signed to determine whether it contains an enforcement clause.

If it doesn't you might want to talk to your attorney about warning sister that her failure to comply will lead to judicial intervention and she may be ordered to pay your fees.

Re: Trust distribution

You should be giving us more information for more than a guess on our part. Assuming that the act necessary for the trust assets to be distributed has occurred [normally the death of the founder of the trust]and the written agreement was done with some form of consideration to your sibling who was an adult, was prepared after the trust was created, and is in a proper form [which I asssume it is not since otherwise you could probably show it to a title insurance company and get a title report in your favor], you could sue for specific performance.

What I would do is find out in detail why my sister is not willing to sign and see wha it would take to get her to sign. It may be a lot cheaper than hiring an attorney. I wold also check as to the effect on your taxes. The actual value of most time shares is a fraction of their original cost. If you are in a high tax bracket, it might be worthwhile to give title to a charity or see if you can take it as a loss and then offset your income by it.