Legal Question in Real Estate Law in California
My mother's house in not in Probate, it is in a trust and the trust will be up in June. You didn't quite answer me question and you assumed it was in Probate. I can't live with my sister because she has some mental issues so now what can I do. She doesn't deserve any of that house as far as I'm concerned for what she and my other sister did to my mother.
2 Answers from Attorneys
Each question you post comes up as a stand-alone question that all the LawGuru.com attorneys receive to answer. So we don't know what the background facts are from your original question. Without those facts we can't help you. What I can tell you, however, is that unless your sisters commited elder financial abuse while your mother was alive, no matter what they did to your mother doesn't make any difference. Ownership of the property will be handled according to the trust documents.
Furthermore, whether there is a probate or a trust administration, the results are the same. The terms of the trust take the place of the terms of the will, and only serve to avoid probate (and taxes in specific situations).
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