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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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I own 1/5 tenets in common office building in the San Diego

Customer Question

I own 1/5 tenets in common office building in the San Diego area. This property is held in trust. My older brother is the successor trustee of that trust. 3/5 of the owners want to sell the property and have made it clean in writing that we want to sell. one brother is mentally unfit to have a say. He see's Jewish Gorillas around every corner that are trying to get him. Get the point!
We have have been asking the trustee to sell the property for six. He says he does not want to sell. He has not dispersed any income from the property except to him for cost not associated with the office building.
Can we force a licitation Partition of sale of a property in a trust when the trustee will cooperate?
Submitted: 15 days ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 15 days ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 15 days ago.

Are you saying the building is held by a trustee in a trust? There are 5 beneficiaries. Three of the beneficiaries want to sell the building? And the trustee does not want to sell the building?

Customer: replied 14 days ago.
The successor Trustee to the trust will not sell the office building. We the 3/5 of owner want to sell. The 1/5 owner is mentally ill and does not have a say. We the 3/5's have ask to have the building put on the market for six months. The successor trustee has said today that he will not sell. We the 3/5 do not trust the successor trustee and do not want to own property with him. In eleven months of income from my mothers death only the successor trustee has taken income from the office. It produces about $5700 a month income.
Expert:  Damien Bosco replied 14 days ago.

So I am presuming the successor trustee is the other 1/5 owner. You possibly can address this issue with the court (i.e., request a sale of the property). Trusts are a bit different (then attempting a standard partition and sale) because the court will look at the original intent of the grantor (the creator of the trust). Also the court will look at the current circumstances. Further the court will look at the terms of the trust, such as whether the trust give the discretion to the trustee to sell the property and distribute the proceeds. Further, since one of the person is incapacitated, the court would most likely appoint a guardian ad litem for that person. Those are all the issues. We can continue to discuss this if you would like to do so.

Expert:  Damien Bosco replied 10 days ago.

Hello again! Checking in to see if you further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to do so.

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