Legal Question in Wills and Trusts in California

There would need to be some additional information to make this determination. It sounds like there are a few pieces of property in the estate. You should seek advice from an estate attorney to get the information you need. If you have any questions, feel free to email or call our office in Fair Oaks.

Is the sister who is living in the property also an owner of the property? Is the property being held in trust?

If the sister is a joint tenant owner of the property, she is entitled to possess the property but the other joint tenant owners can demand rent, less the expenses she pays towards taxes and upkeep. However, even if she does not pay rent, the sister cannot be evicted because she owns the property.

If the property is still owned by a trust, then the sister is not an owner (only a beneficiary) and is not entitled to possession. She could be evicted for not paying rent to the trust. However, she may be entitled to certain credits which she can demand be paid back to her from the trust.

This is a very complicated area of law and I encourage you to contact a probate attorney or real estate attorney in your local area to discuss in more depth.