Pusich v. Pusich CA1/3
Jodi and Jeffrey Pusich are siblings who jointly own rental property that was transferred to them under the terms of their parents’ trust following the death of their last surviving parent. In her capacity as trustee of her parents’ trust, Jodi filed a petition to partition the property and transfer Jeffrey’s share of the sale proceeds to the trust. The probate court denied the petition without prejudice to filing a separate civil action for partition, reasoning that the subject property is no longer owned by the trust.
On appeal from the order denying her petition, Jodi contends the court erred in finding that the property was distributed free and clear of the trust. She argues that the trust retained a contingent future interest in the property in light of the trust’s direction to place Jeffrey’s share of the sale proceeds in the trust upon a sale of the property. We agree with Jodi and shall reverse.
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