QUESTION
benefiting of property that only owns 50 percent amnd broke trust
Asked on Nov 17th, 2014 on Wills and Probate - California
More details to this question:
my mother left my sister 50 percent of her home me 25 percent and my daughter 25 percent my daughter and sister has been living in it for 3 years since her death.my sister is the exectur of living trst first of all she broke the trust after her death by not following her directions my mom said that my step dad was to get all vechicles and hewas ton live in house unit he died kicked him out and he moved in with his daughter.she never gave them a copy of trust nor the property so now trust is broken then she had a trailer but in back yard renting it for 700.00 and keeping all money..now my daughter moved out and now renting out the front part of house for 900.00 or 1000.00 because she can not afford to live there and not giving us are percentage of the rent and expects me to pay portion of property taxes while she is living in home selling property of my mothers without consulting with us or shareing so where do i stand she can not afford it on her own and refuses to pay us are percent
1 ANSWER
2 Awards
Hi Cherryl,
Has title to the property been transferred out of the trust and into the names of you, your sister, and your daughter? If so, the best course of action may be to file a lawsuit for partition, which will force the sale of the home. That way you can get your money out of the house and not have to deal with all of the other things that are going on.
There are certainly a number of other alternatives as well, but a partition would allow you a clean break.
Thanks,Jon
Answered on Nov 18th, 2014 at 3:43 PM