QUESTION
What legal remedies are available to us to get the sibling removed from the house?
Asked on Dec 14th, 2015 on Estate Planning - California
More details to this question:
Our parents home was placed in a family trust prior to their passing. All 5 children are named in the trust. We have decided to sell the house. One of the siblings is living there and is refusing to leave. Our father's will states that should anyone go against the decisions of the majority of the siblings they would be excluded from any benefits.
4 ANSWERS
Edwin K. Niles
Please see a lawyer who handles trust administration. There are several options.
Answered on Dec 28th, 2015 at 6:34 PM
If the house was properly placed in a Trust you must abide by the rules of the Trust. If the Trust states on the death of your parents, each sibling becomes an equal legal owner, then you have to sue for partition to force a sale of the property as co-owners can not evict another co-owner. If the property was not properly placed in a Trust [legal title not changed to the Trust], then it is part of the Will, but if the Will says nothing about the sale of the property you have to resort to partition, which could cost more than $15,000 in attorney fees.
Answered on Dec 28th, 2015 at 6:33 PM
Anyone Without right of possession can be evicted.
Answered on Dec 28th, 2015 at 6:30 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Trustee can institute eviction proceedings of the sibling who is refusing to move, and should do so immediately, as trustee has an affirmative duty to protect the assets of the trust estate.
Answered on Dec 28th, 2015 at 6:27 PM