Legal Question in Wills and Trusts in California
My father died leaving only his home to 4 children but no financial means of paying the taxes or insurance. His will states that the children will pay taxes and insurance and his wife (not children's mother) may lives there as long as it is her primary residence. She has not lived there for 3 plus years. Is it still considered to be her permanent residence?
1 Answer from Attorneys
The answer to your question depends upon the exact wording in the trust regarding our stepmother's residence at the house. If as you say, the trust states that your stepmother may live there as long as it is her primary residence and she has not lived there for three years, then you can sell the house. However, if it says that she can live there as long as she desires or she can live there until her death, then she has a life estate and you cannot sell the house until she dies. However, if she has a life estate then she is responsible to pay the expenses of the house including taxes, utilites and maintenance.
I advise that your first step is to speak with your stepmother and ask her what her plans are regarding the house. If her future plans do not include living in the house, now or in the future, ask her if she has any objections to the children selling the house. If she does have objections then you need to consult an estate planning or probate attorney to advise you as to your rights.
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