Legal Question in Real Estate Law in Arizona

Your questions raise the first issue, and that is, who is the trustee now that your parents have passed away? It is the trustee's duty to manage the sale of the home and to carry out the terms and provisions of the trust agreement. It would be the trustee's duty to remove the sister from the home, prepare the home for sale, put the home on the market for sale and sell the home.

The second question is to determine if the trust is the owner of the home. The home would have to have been conveyed by deed from your parents to their trust. If not done, then the home would have to be part of a probate estate and the sale of the home and the distribution of the proceeds would be controlled by the decedent's Will, and carried out by the Personal Representative of the estate, who is appointed by the court.

In either case, the sister can be removed from the home and be held responsible for any damage she has caused. She would not be removed from the trust, except in the case where you could prove that the sister exploited Mom financially or abused her physically, which might provide grounds for her to lose her inheritance under the Will or the trust.

You should seek counsel at once to learn exactly what the facts of the case are and what are you options/courses of action that you could pursue, how to do so and what it would cost to do so.