Legal Question in Wills and Trusts in California

Obtain a probate litigation counsel to assist you in enforcing the terms and provisions of the trust, and to have yourself appointed the trustee or an independent fiduciary be appointed trustee, who can martial the assets of the trust, evict those who are not paying rent, which is income to the trust, and pay the expenses. Don't delay as this problem will not go away until you take affirmative steps to control the estate and have the provisions of the trust crested by the deceased, as intended to be carried out.There is a lot of work in the administration of a trust.

You need to contact a lawyer right away to help you and your brother.

There are two issues here. The first is the unlawful detainer and eviction, and the second is the administration of the trust. Assuming the abusive son is the legitimate trustee, he has a right to manage the property. In particular, he has the right to evict tenants if there are grounds to do so. Your brother will need to fight this in the unlawful detainer action. In theory, I suppose you could apply to the probate court for an order to direct the trustee to stop pursuing the eviction proceeding, but you need to act quickly on that because the unlawful detainer action may be decided and over with rather quickly. I'm also not sure the probate court would be willing to intervene. If your brother has a defense to the eviction, he should raise it in the UD proceeding.

It also sounds like you need to oppose the proposed trust amendment, and ensure that your parents' wishes are respected. If there is severe misconduct on behalf of the current trustee, you may wish to ask the court to take other action, such as appoint someone a co-trustee or replace the trustee altogether.

You definitely need competent counsel here. This is NOT something you should try to do on your own.

Best of luck to you.