Q: My sister was gifted the house ,but in the trust it states "gift to heirs" followed by the sucesors dying intestate Cali
California laws of succession and separate property no inherited from dead spouse,as well as it being only asset listed and it says I get one share and she gets one share of estate property ,but she's not giving me a dime and wants to sell the house and make sure I get nothing
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A:
In California, if a trust specifies that assets are to be distributed as a "gift to heirs" and mentions specific shares for each heir, those terms generally need to be followed. When a successor dies intestate (without a will), the state's laws of intestate succession come into play. These laws dictate how assets are divided among surviving relatives.
If the only asset listed in the trust is the house, and it clearly states that you and your sister are to receive equal shares, this typically means you both have an equal claim to the property. It's important to review the exact wording of the trust, as this will guide the distribution of the property.
Your sister's desire to sell the house does not automatically negate your right to your share. If the trust entitles you to one share of the estate property, you should receive the equivalent value of that share, whether it's in the form of property or its monetary value.
Given the complexity of trust and estate laws, it would be wise to consult with an attorney who has experience in trusts and estates. They can provide specific guidance based on the details of the trust and the laws in California. Legal advice in this situation is crucial to ensure that your rights are protected and that the trust is administered correctly.
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