QUESTION
Does majority rule, in the case of beneficiaries, regarding selling an estate and diving assets versus keeping the property?
Asked on Jul 31st, 2016 on Trusts and Estates - California
More details to this question:
My mother passes and had a trust with 1 executor not in the family and 2 co-executors in the family. My moms wishes were for us to keep the house. There are 6 beneficiaries and all are in agreement but 1 to do what we need to do to keep the property. This 1 person is making it difficult for everyone else because she wants us to sell and no one else does. Does majority rule in this case? The trust is in CA.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
at
Price Law Firm, APC
Update Your Profile
Any co-owner of property has the right to file a partition action to ask the court for an order to sell the property and divide the proceeds between the co-owners. One co-owner, can force all of the others to sell. In a partition action, some of the co-owners can buy out the other co-owners. Best thing to do in this situation is for the 5 siblings to buy out the sixth sibling.
Answered on Aug 01st, 2016 at 9:31 PM