Legal Question in Wills and Trusts in California

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

This is rather complex situation and you need someone experienced in the areas of probate and trust administration. I suggest hiring a "probate" attorney like myself or one of the other people who respond to these questions. I would ask their experience in probate matters like this. If the problem is anywhere in Northern California we can help! We will file in the probate Court if necessary and begin eviction proceedings immediatley. Filing in the probate court may be necessary to get you standing to bring the eviction lawsuit if the house is not properly titled in the trust. Please call an attorney to help you at once! Good luck!

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

Get a lawyer. Contact the trustee.

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

You will not be able to handl this from Iowa.

First of all, you need to determine who the successor trustee of the trust is. Then, you need a copy of the trust to determine exactly what it says. Based upon that information, you may then demand that the trustee follow the terms of the trust. If they do not, then you can petition the court to have them removed. If you are the trustee, and the trust says what you say it says, you must start eviction proceedidings against the other children.

I am in northern California in the San Francisco area. If the property is in this area, I might be able to help you.

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

A review of the trust is necessary, but it sounds like the people living in the house should be given the legal notices required to terminate their tenancy. If they do not leave, you may have to evict them or reach some agreement with them to leave.

There are other notices required under California trust administration law, so you should contact a California trusts & estates attorney to begin the trust administration process.

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

You need to get a copy of the trust and will and take it to an experienced estate administration attorney. The successor trustee needs to take the legal actions of evicting the children and selling the house with the help of the attorney.

We are in Los Angeles and Ventura County. If the house is in Southern California we would be interested in assisting you.

If you would like to discuss this further, please e-mail me with contact information or call me at (818) 991-6664 for a no charge consultation and case evaluation. I have over 23 years experience.

Good luck and thank you for your inquiry.

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

The trust should determine who the successor trustee is and that person needs to file an eviction proceeding. There are other steps that the successor trustee needs to follow now that your stepmother is dead. Feel free to call us if we can be of assistance.

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

in a nutshell, if the your father's second wife was only given possession of the home until her death, this is what would be legally called a life estate. thus, her tenancy rights would automatically terminate upon her death, regardless if her children are still presently occupying the premises. thus, your first step would be to consult with an attorney regarding the wording of the trust instrument that set up the life estate and then proceed from there with your legal options and/or rights to an "eviction" thereafter. if you would like a free phone consultation on this matter, email us directly with your contact information.

Re: How do I claim ownership of my dads house now that 2nd wife is deceased?

You start by getting an attorney who has practiced estate planning/probate law, which should include trust law, immediately. This is something you cannot do alone as it is more sophisticated than the normal individual would understand. First of all the life estate was given to your stepmother. Upon her death it's terminated and her children have no rights whatsoever, so long as certain criteria are met. The best thing you can do is get a copy of the trust as well as the Will that went along with the trust. Take it to the attorney immediately so that he can start the procedures for getting the house in a position for sale if that is what you and your siblings wish to do. Hopefully if I were handling this matter the children would be understanding and move as soon as possible. I would want to avoid court proceedings because they may be costly. At the same time, if that's what it will take than those should be initiated immediately so that you may gain not only possession of the residece but determine if any damage has been done for which the children would be responsible. Reasonable wear and tear is not something that is the damage they usually could claim. I am in the San Francisco Bay Area and would be more than happy to consult with you. 925 -- 945 -- 6000