Legal Question in Wills and Trusts in California

Your Friend has what is called a life estate if it was set up under a Trust. As such, depending on the terms of the trust, he can live there until he dies THEN the niece gets the property. No, she cannot kick him out. It was set up for him to be able to live there until he died or decides he doesn't want to and then he can abandon his interests.

I agree with Attorney Johnson's answer with one exception. A living trust requires that the person with the life estate must pay all the bills associated with maintaining the house: maintenance and taxes. If the person with the life estate does not pay the maintenance and taxes then the trustee may take action against him/her. The flip side of the the burden placed on the holder of a life estate is that they can rent out rooms to boarders or rent out the whole house and collect the rents without sharing with the trustee - as long as the maintain the house and pay the taxes. The trustee cannot evict the person with the life estate without an order of the court.