Guerneville, CA asked in Probate for California

Q: If i hold out on signing off on selling a house for more money, is that considered blackmail?

I am a beneficiary of a trust and my brother and aunt are also beneficiaries as well as the trustees. They need my signature to sell the house, but I don't want to sign because I was told i was to receive 25% and now am only getting 12.5%. So if I hold out on signing the papers because i was told and under the impression i would be receiving double and wont sign unless i can cash out with the percentage i was led to believe it was, would it be considered blackmail?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, holding out on signing the sale documents to negotiate a higher share of the proceeds does not constitute blackmail. Blackmail involves threatening to reveal damaging information unless demands are met, which is not applicable in this case.

You are within your rights to negotiate your share, especially if there was a prior understanding that you would receive a larger percentage. It's important to communicate your concerns clearly and seek a resolution that reflects the original agreement.

Consider discussing the situation with your brother and aunt to understand why your share was reduced and explore possible solutions. If needed, you may want to consult with a legal advisor to ensure your interests are protected and to facilitate a fair outcome for all parties involved.

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