Legal Question in Wills and Trusts in California

Re: Beneficiary property ownership

It sounds like the property is still owned by the Trust [when you say you rent it to him I assume you mean the Trust does but you act for the Trust]. The renter only gets the property once it is distributed to him or the trust is dissolved. If neither has occurred, he has to continue to pay rent or can be evicted from the premises. His actions may also be a breach of the trust so he might not get what is supposed to go to him. Tell him that for you to consider hlis argument he must supply you with a letter from an attorney stating what the situation is in his favor.

Re: Beneficiary property ownership

I don't see that he has a legal argument--if he refuses to pay rent, you can start the eviction process, and if he has any true defenses, they'll come out in his answer to your unlawful detainer complaint.

Re: Beneficiary property ownership

The property is not his until the Trust makes the distribution. Since you are the surviving Trustor of an AB Trust (and you obviously are still alive), distribution has not occurred, so he still needs to pay rent. Your Trust most likely contains a clause that the surviving Trustor gets to use the income from Trust property. If so, the rental income from this Trust property is yours to use, and he, as tenant, has to pay the rent.

If he is trying to claim ownership by adverse possession, he is not likely to succeed, as he occupied the premises pursuant to a rental agreement, so he did not enter onto the premises in a hostile manner.

If he is not paying rent, you should commence eviction proceedings.