Legal Question in Wills and Trusts in California

My 70 y/o brother has been living with our mom everyday of his life rent free. Our mom has suffered from dementia for several years now. I've discovered that he's been stealing money from her bank account and is a hindrance in my ability to take proper care of her. Mom is under a conservatorship held by another brother. Mom's house is in a Trust with this other brother as Trustee. With the trustee/conservator powers, how do we evict the 70 y/o from mom's house? Given that he doesn't pay rent and has no legal standing, is a formal eviction necessary? He won't go willingly/easily.


Asked on 1/19/16, 3:50 am

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

If the assets are in a Conservatorship, he shouldn't be able to steal anything other than cash that's around the house. He cannot be evicted because he is not a tenant, but an unwelcome guest. The trustee should serve written notice delivered by a third party instructing him to vacate the premises. Thereafter, he is trespassing and can be cited as such or there could also be a lawsuit for trespass and ejectment to obtain a Court Order that can be enforced.

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Answered on 1/19/16, 11:00 am


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