Legal Question in Real Estate Law in California
my father when he pasted way left myself and my sister a Trust which will become ours next year. in the truste there is a house. I want to sell it she wants to keep it how do I get her to give me my half of the propertys cash value?
2 Answers from Attorneys
Who is the trustee, or who are the trustees, of the trust? It is within the power of the trustee(s) to manage trust assets, including, usually, the power to sell or re-title the assets. It is also important to look at the instrument that created the trust - often entitled "Declaration of Trust" to see whether there are specific instructions to the trustee(s) as to how the trust assets are to be managed or disposed of. If the trustee or trustees is/are uncertain about how to manage the trust assets, the assistance of an attorney specializing in wills, trusts and estates is recommended.. Quite likely in your case, the house will have to be sold and the net proceeds divided, unless there is some way for the sister to buy out your half interest, but without reading the language of the trust itself there is no way to be sure.
Any owner can compel a sale if the other owners don't agree on a division or buy out.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help get the best outcome possible.