Legal Question in Wills and Trusts in California
Do not want my daughter evicted.
I own a two houses. Right now one of my daughters lives there with her family. She and her husband have been there six years and have done all repairs and upkeep on this property. My other daughter lives out of state and is bitter about her older sister living in one of my houses.
What is the best way to set up my estate so that upon my passing, my bitter daughter does not evict her sister from this house or force her to pay rent? I want my daughter and her family to live it for as long as they want.
Should I place the house in trust and state my daughter is to remain in the house? Or would it be better to transfer or sell the house to her prior to my death?
2 Answers from Attorneys
Re: Do not want my daughter evicted.
In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com
Re: Do not want my daughter evicted.
Inherited property gets better capital gains tax treatment, so including provisions in your trust for your daughter to inherit the house or remain in it would probably be best. Without these provisions, it's more likely your other daughter could force her to pay rent or sell the property.
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