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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3203
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I am the trustee of a 5-acre parcel that my parents left for

Resolved Question:

I am the trustee of a 5-acre parcel that my parents left for their 10 children. Both are now deceased. My father died in 2009. The two younger sisters live on the property (main house and 3 mobile homes); they do not pay rent, but pay the irrigation water and property taxes.

Question #1: There is no home insurance in place for the main house and mobile homes. Can I request my sisters to get home insurance and provide me with a copy of insurance coverage?

Question #2: Can I assign my sisters living on the property as Trustees?

It would be too costly to subdivide it into 10 parcels, so we will sell the property as soon as we can get a reasonable offer. Thank you in advance for your time.
Maria Elena
Submitted: 8 months ago.
Category: Estate Law
Expert:  LegalGems replied 8 months ago.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction!

LegalGems :

Thank you for your question. As trustee, you have the responsibility of ensuring that your parents' property is adequately taken care of. Generally, the trust document will specify who is to pay what, to put it in simple terms. However, it sounds as that may not be the case. Generally, the party living on the premises assumes the responsibilities incurred on the land

LegalGems :

However, if the residents fail to secure adequate insurance, the trustee has an obligation to do so in order to avoid damages

LegalGems :

It is completely within the realm of standard estate property to request that if a party lives on the property, for that person to insure - and provide proof of insurance- to the trustee.

Customer:

Question #2?

LegalGems :

Can you clarify that? I'm not sure I understand. But before we get to Question #2, do you have any other questions on #1?

Customer:

Yes, the property is not kept clean and the city has contacted me about it. Also, two of the mobile homes on the property were placed in without city permit and the city is aware of it. This happened almost a year ago, but the city has not contacted me since and since an effort was made to clean it up, they have not return the check. I asked them at the time to remove the two mobile homes off the property, but they did not comply. What can I do? My intention is to rope up their parcels and mark them and put up a NO TRASSPASSING sign.

LegalGems :

As trustee, the trustee has the ability to take legal action - and typically to charge the estate for the attorney fees and costs. If the city is contacting you, I assume the property is violating health and safety codes. This type of condition- red flag. I would strongly suggest you hire a personal attorney- and the reason I suggest this is because as trustee, the trustee is personally liable for any wrongdoing; however the trustee has an attorney that is overseeing the process, this provides the trustee with a level of immunity so to speak; and this is important so that the t rustee has insulation from liability.

Customer:


Thank you.

LegalGems :

You are very welcome. Did you have any other questions? I want to make sure you have the information you need before I sign off.

Customer:

Just one - if needed, should I contact an estate attorney?

LegalGems :

Yes, absolutely. Whenever there are discrepancies over an estate, one should always consult a personal attorney. Let me get you a link to the referral organizations- this means the attorney is in good standing:

LegalGems :

http://calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Customer:

Thanks again!

LegalGems :

Very welcome. Glad to have helped. Take care.

LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3203
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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