Legal Question in Landlord & Tenant Law in California

Ttrustee of a trust is evicting family member who lived in parents home for 48 yrs mother dies & recently being contested in probate by another beneficiary can anything be done to stop eviction. This will put person out there to be homeless mother provided room & board.


Asked on 3/20/15, 1:23 pm

1 Answer from Attorneys

John Molina Jr. Law Offices of John Molina

There are certain rights that a Trustee has with regard to his/her handling of real property in a trust. One of these may be evicting tenants at a real property (even family members).

But one has to assess whether the Trustee was indeed given this right or power and/or whether those were the wishes as expressed by the deceased mother. Is there a will or other instrument that expresses the mother's wishes to allow that particular family member/tenant to remain at the property until a certain time or event? Without knowing more about whether this is the case, the Trustee of the trust can legally evict said family member/tenant (through legal, valid means, of course).

You need to speak to an experienced Probate and Real Estate attorney that can advise you of your rights with regard to your particular matter. If you are interested in speaking to an attorney that will do just that, please contact our office for a no-obligation consultation at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.

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Answered on 3/21/15, 11:11 am


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