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Can a name error break a trust

Clayton, CA |

(sibling #1) (currently holder of the trust) is the successor to the parents (both deceased) and the (sibling #2)brother is currently in the home that that the trustee wants. Both siblings were living in the home but #1 decided to leave. The home is listed as a gift to be shared between the siblings on the trust and the will. Sibling(1) wants to sell the home, evict the brother and his family. The parents wanted both to reside in the home, not sell it (not noted in writing). He(sibling #1) has issued a 30 day notice to evict the brother and started court proceedings to do so. Through research found the name on the will, and trust is not (#1) legal name and has never been. Possible oversight by preparer, does this change anything? Right to sell? Family doesn't want to be on street

Attorney Answers 3


  1. First and foremost, since you have been served with a 30 day notice to quit, you should consult with an attorney ASAP! and then sort out title to the house and distributions pursuant to the will and trust.

    Good luck.


  2. The name is not an issue if its clear who was intended. That said, if the house is owned jointly, each has an equal right to occupy the house. The only way to sell would be a partition action if the parties dont agree. In the end, the sale can be forced. You really need to consult with an attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  3. Your question points out the flaws in any co ownership of real estate. Any co owner can force a sale through partition. Each co owner has a right to possession and to occupy the residence. You need to engage an attorney to stop the UD action, and to explain these concepts. Do not wait. Hire counsel to help you now.

    The response to this question does NOT create an attorney client relationship and is an effort to provide a gratuitous general response without ability to determine accurate facts. An attorney client relationship can be implemented only be a formal engagement letter accepting representation. Do not rely on the response provided herein as advice to you.

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