Legal Question in Wills and Trusts in California

I want to settle a trust that has real estate divided in thirds. The problem is one of the beneficiaries is living in the house for thirty years and will be hard to move. the estate has not been settled for 12 years and I am 78 years old and will get nothing unless the house is sold. any suggestions?

Asked on 2/22/18, 2:53 pm

1 Answer from Attorneys

Scott Jordan Jordan Law Office

I assume you are the Trustee and also a beneficiary of 1/3 of the house. What does the Trust instruct you do? If the beneficiary living in the house is a Life Beneficiary, it would be difficult to justify a sale, without knowing more. Also, what does the third beneficiary want to do?

If the two of you want to sell and the person living in the house is not a life beneficiary, you can petition the local court to issue an order to sell the property. Even then, you will probably have to go through the legal steps to evict the resident from a home that is 1/3rd theirs.

I suggest you contact a local trust administration attorney and schedule an in-office consultation.

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Answered on 2/22/18, 3:02 pm

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