Legal Question in Wills and Trusts in California
My Father and Stepmother pasted away recently. They appointed 2 executors to the trust, my Stepmothers niece and myself (we live in California). Upon the death of my Step mother(My Father had already pasted) I moved into their home. Per her wishes she wanted me to live in the house til the market recovered and at that time to sell and split the proceeds as called for in the trust. This is not stated in the will or trust but in a letter given to me by her financial adviser. Now my Stepmother's niece is trying to force me out of the house. What are my rights?
Thank you?
1 Answer from Attorneys
A Will and a Trust are two separate instruments. If the property was transferred into the trust, then what can be done with the house depends entirely on the trust language. You can not do anything not allowed for in the Trust unoess it is necessary to carry out the instructions of the Trust. If the property was not transferred, then it is in the Will and controlled by the verbage of the Will. The note you received has no legal effect as it was not incorporated into either instrument. Only writings included within either legal matter are binding or even relevant.
You do not say what either instrucment actually says. If the two of you are equally entited to the property than either both of you or one of you can live thereafter rent free in the house; if one of you excludes the other or for any time lived there before that person ecomes an official owner, you would owe rent to the estate. The niece would hae to file a partition action if she wanted t sell the property. You need to give us more details for a more complete answer to be given.
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