Your family home likely holds some of your most precious memories, which can make it difficult for some siblings to let go of the property. If you have recently inherited a home with your siblings, but one of your siblings has started living there and refuses to leave, this can complicate what is already an emotionally complex time. Fortunately, under California inheritance law, you have several options at your disposal.
California Inheritance Law: What Happens When One Sibling Lives in an Inherited House?
When inheriting a trust or estate, sometimes one of the beneficiaries will live in the inherited property and refuse to sell. Because beneficiaries are often siblings, these situations often result in siblings contesting a trust in California.
Meeting with a trustee or executor could be a solution because they have the final say in managing a property, and they can help force the beneficiary out of the house or establish an agreement among beneficiaries. Still, it is not always so simple.
During a California inheritance dispute that involves siblings, more than monetary or material gain is on the line – family ties are at stake. In these situations, we advise pursuing an alternative dispute resolution (ADR) to preserve the relationship.
Start by finding a middle ground with siblings and having a sit-down. Have a candid, open conversation about the other sibling’s motivations for living in the inherited property and try working together to come to a decision.
A California inheritance litigation lawyer can help mediate. For example, if the sibling living in the home has the means, they could buy out the other siblings’ shares of the property. Another potential solution could involve the sibling in the home paying rent to the others.
“We have worked on countless cases involving siblings contesting a trust. One thing that is important to keep in mind is that there are endless potential solutions if you work with a creative attorney to mediate and avoid taking legal action against siblings. Recently, we helped a sibling who wanted to keep a property create a purchase plan to buy the shares from their other siblings. No matter what decision you come to, having a signed agreement is essential.”
– Alison S. Gokal, Partner and Attorney, Gokal Law Group
California Inheritance Law: Forcing a Sale with a Partition Action
If beneficiaries cannot agree on terms for handling the situation, taking siblings to court may be your only option.
A partition action is a tool under California trust law that enables beneficiaries to force the sale of jointly inherited property. This petition enables co-owners of a property to get a court order to sell the property or divide the property into separate parcels if possible.
Since homes can rarely be divided, the most common outcome is when a court orders to sell the property and divide the proceeds after the petitioning party’s fees and costs are paid. A partition action effectively forces the sale of the home.
Premier California Inheritance Litigation Lawyers
If a sibling has moved into a house you have jointly inherited and refuses to vacate, California inheritance law is a tool at your disposal.
Still, taking legal action against siblings should be the last resort, and an attorney can be a crucial third party who can help devise an ADR. But when litigation is unavoidable among siblings contesting a trust, working with a lawyer is crucial.