Recent Estate Planning Expert Legal Chats
Legal options for ensuring inheritance trust payment
Estate Planning
Trust
California
Customer:
Legal options for ensuring inheritance trust payment My parents had two offspring, myself, and my sister. In the early 1990’s my parents loaned my sister $***** [REDACTED] from their Trust so that she could keep her house in [REDACTED] during and after her divorce. My parent’s Trust was subsequently deeded on her [REDACTED] property. In the mid-2000’s my parents quit-claimed their interest in the [REDACTED] property and amended their Trust to provide me [REDACTED] upon the death of the last Grantor. My father was the last Grantor and he passed on [REDACTED]. The issue lies within the way my parent’s Trust states the monies are to be paid to me. The text of the Trust states, “Any interest that the Grantors or this Trust has in any residence co-owned with the Grantor’s daughter in California shall be distributed outright to the Grantor’s daughter. In that case the Grantor’s daughter shall pay $****** [REDACTED] to the Grantor’s son. If this amount is not paid off prior to the sale of the residence, the Grantor’s son shall be entitled to this amount at the sale of such residence.” My sister has stated to me that she does not intend to sell the house ever and that she intends to deed the house to her son without having a sale recorded and that therefore I will never see the money owed me by my parent’s Trust. I have been very patient in trying to ensure my fair equity and comply with my parent’s wishes. I have repeatedly asked my sister for a promissory note which she has refused. My questions center around whether I could place a lien on the property and whether she is circumventing her fiduciary duties as the Executor of my parent’s Trust and what remedies may be available to me. I reside in Colorado and she resides in California. Thank you.
Dolan W.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: 1. To clarify, the trust and your sister co-own the property, correct? 2. Has your sister suggested her reasons for not complying?
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