Legal Question in Wills and Trusts in California

Eviction of a sibling under a trust

My mother passed away and my adult sister lives in the house, which is under a revocable trust. I am the adminstrator of the trust, and I have 2 other siblings who do not live in the home. My sister refuses to pay utilities or rent, has disreputable people in and out of the house all the time, and the police have already served a search warrant there once for drugs and stolen property. It is impossible for me to fix the house up or sell it while this is going on. Do I have any legal recourse to evict her from the property?


Asked on 4/14/08, 5:28 pm

3 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Eviction of a sibling under a trust

does she have the right under trust terms to remain in the house. if not, you can evict her. contact a landlord/tenant attorney.

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Answered on 4/14/08, 9:16 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Eviction of a sibling under a trust

Yes. You must evict to fulfill you your responsibilities to the other beneficiaries. YOu are not the Administrator of a Revocable trust, I might add, but the (Successor) Trustee of an Irrevocable Trust. Once you mom died the trust became an irrevocable trust. YOu can and should hire an attorney to guide you. It will protect you from liability and the fees can be paid from the trust assets.

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Answered on 4/16/08, 1:29 am
Frankie Woo Fiducia Legal

Re: Eviction of a sibling under a trust

Make sure the title of the house has been changed into the name of you as successor trustee of revocable trust before taking any action to evict her. This can be done with an affidavit that is properly recorded.

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Answered on 4/15/08, 11:02 am


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