Q:

My sister and I are the co-trustees of my parents trust.  I want to sell their home now that they are dead but she doesn't want to sell.  What can I do?

A: Disagreements between co-trustees is a fairly common occurrence.  Unless the trust has a contrary provision, under California trust law all the co-trustees must agree to sell real estate held by the trust.  This rule applies no matter how many co-trustees administer the trust.  If there are four trustees then all four must agree to the sale.

Even reasonable people acting in good faith can disagree about what to do.  When the co-trustees are siblings and money is at issue there may be all sort of disagreements whether to sell or retain the family home.  Rather than allow trust administration to come to a halt over disagreements, California trust law allows any co-trustee (and even the trust's beneficiaries) to petition the probate court to instruct the co-trustees what to do.  This gives every co-trustee who wants to be heard an opportunity to persuade the probate judge they are  correct.  The judge will issue an order and that will bring the argument to a close.

The Grossman Law Firm, A.P.C. are San Bernardino, California probate lawyers.  We help probate estates in San Bernardino County, California.  We appear in the Redlands probate court for cases from Rancho Cucamonga, Ontario, Fontana, Rialto, San Bernardino, Victorville, Hesperia, Apple Valley, Loma Linda and Redlands, California. If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.