Legal Question in Wills and Trusts in California

my father past away a year ago after that my mother was removed from the home where I lived with them for the past now eighteen years. Now I am being told to leave as told in a surprising typed letter by a cousin lawyer "my parents house".


Asked on 7/08/15, 1:06 am

2 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

The lawyer is representing the trustee of your parents' trust. Your mother is likely the trustee unless she is incapacitated. If she is, then the successor trustee named in the trust, I guess your cousin, is now trustee. The trustee apparently wants you out, either to facilitate the sale of the property or leasing it out to tenants. The bad news is that unless the trust says you get to live in the home, the trustee can evict you. In fact, the trustee really can't let you live in the home rent free, as the trustee owes your mother a fiduciary duty to manage the trust for her benefit and the ultimate benefit of the other trust beneficiaries.

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Answered on 7/08/15, 8:52 am
Scott Jordan Jordan Law Office

Mr. Tillem is probably correct. But, your description is vague and is difficult to understand what really is happening. I suggest you contact a local estate planning attorney to review the letter and explain to you what is going on.

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Answered on 7/08/15, 9:16 am


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