Legal Question in Wills and Trusts in California
My brother and I are living in different homes owned my our mother. She has a living trust that states we are to receive these homes when she dies. She has made another brother executer of this trust. This brother likes to threaten us with eviction. Can he do this?
3 Answers from Attorneys
A trustee of a Trust must act within the powers and rules stated in the Trust and not act to defeat the obvious maker of the Trust. Tell your mother what he is doing and that she should either tell him to stop or replace him with one of you.
Do you have a copy of the Trust? Is the trust revocable or irrevocable? If the trust is revocable, then your mother (not your brother) has the power to amend the trust during her lifetime. The trustee is charged with carrying out the terms of the trust. Living in the homes may not be a specific provision of the trust during your mother's lifetime, but is simply her desire. Are you paying rent? Are you paying taxes and expenses? You should meet with an attorney to review the trust with you and to discuss the specific reasons for your brother's threats.
you should retain a qualified attorney to provide you with advice and recommendations regarding your mother's trust.
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