Legal Question in Wills and Trusts in California
Trustees force sale of Real Property from out of state?
Of the few beneficiaries named in the Living Trust, a couple of them reside outside of California, one of which is 1st in the order of Trustees.
First, can beneficiaries force sale of property?
Second, what action would be required to force said sale, and can it be done from out of state?
Thrid, can a Trustee reasonably perform required obligations from out of state?
1 Answer from Attorneys
Re: Trustees force sale of Real Property from out of state?
The property should be sold if this is in the best interests of the beneficiaries. Property is usually sold rather than giving it to the beneficiaries as co-owners, unless the beneficiaries want this.
A court action would be required to force a sale--a local attorney could file this even though the client is out of state.
A trustee can perform his/her duties from out of state, although it will probably require one or more trips to area where the trust property is located. The trustee should also hire a local attorney, and perhaps use local friends/relatives for help with some tasks.
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