Legal Question in Wills and Trusts in California

Re: Can the fudiciary sell the house out from under me?

depends on the wording and provisions of the trust.

Re: Can the fudiciary sell the house out from under me?

I like your attitude. Maiming is certainly an alternative. You need to review the trust and see what it provides for. I doubt your Mother wanted you thrown out into the street. However, you do need to move on with your life, and some counseling might get you started. I would suggest, if money is a problem, that you consider attending an Al-Anon meeting or two. To get some prospective on you and your Mother's relationship. Certainly one in which you sacrificed yourself, and probably lost a lot of self esteem in the process. So although the successor trustee's attitude seems harsh. It does reflect our culture, and may have a kernal of truth in it. Just because advise comes from a bad person, doesn't mean it's bad advise. One of your alternatives is to cooperate in the sale of the house, and then take your share of the money and run. Shutting off utilities etc. is a type of forceful eviction. That if taken too far can be compensated for in a lawsuit in which you may recover damages plus punitive damages.

Re: Can the fudiciary sell the house out from under me?

First, to evict you, you should have received a 30-day notice to leave the house from the trustee, followed by a 3-day and then an unlawful detainer proceeding if you hadn't left after the notices. Otherwise, the trustee is going about this the wrong way.

Regarding your rights, look to the trust. If your right to stay isn't there, then unfortunately you do not have the right to stay(absent some other written agreement between you and your mother).

Your best course of action would be to do what you can to speed up the trust distribution coming to you.

Re: Can the fudiciary sell the house out from under me?

If, when you say fiduciary, you mean the trustee, that person is required to follow the terms of the trust.

If you are a beneficiary in the trust, you are entitled to a copy of the trust. You may need to hire an attorney to write the trustee a letter demanding your rights.

Re: Can the fudiciary sell the house out from under me?

If you have a copy of the trust, the language in it may help. If you don't have a copy of a trust, please retain counsel and have him/her get it for you. Otherwise, the trustee will bring an unlawful detainer action against you and out you are, for sure.