(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
Estate Planning Attorney
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.
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.
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Estate Planning Attorney
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.
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