Legal Question in Wills and Trusts in California

My mother, sister and I inheratated a house two years ago. My mother is the executor of the will and the trust.

To date she and my sister are making all decisions about the future of the house without consulting me. Our original plan was to put the house on the market, unfortunately it needed a lot of repairs and then the stock market crashed.My sister then decided to move into the house and at the time said she would start making certain repairs to the house in exchange for rent. I asked my mother to please send me that in writing and what repairs specifically she was going to do, what the estimated value of monthly rent was. She never did. Then my sister decided she wanted to buy the house. I then asked my mother again for financial information pertaining to this transaction. To date she has not. I am hoping someone can please tell me what my legal rights are in this situation.

Thank you,

Anastasia


Asked on 7/05/10, 10:50 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You might want to consult with an attorney, since your rights to the house hinge on how the property is held -- as tenants in common, joint tenancy, etc. You might have to petition the court for partition, so that your ownership rights are protected.

There might be issues, too, with how the estate of which your mother is executor, is being handled. Perhaps she is not maximizing income from the estate. These are things an attorney will need to look at.

Read more
Answered on 7/05/10, 4:14 pm

Not sure what Mr. Cohen is talking about regarding how title is held. Your key issue is that it is in a trust and your mother is trustee. You don't specifically say you are a beneficiary. If not, you really don't have any rights. If you are, you still don't have a right to control or be consulted about the trust, but you do have a right to an accounting. Also, if you believe the trust asset(s) are being wasted, you can have the trustee hauled into court to give a report.

Read more
Answered on 7/06/10, 12:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California