Legal Question in Wills and Trusts in California

It's probably not a bad idea for your mother to move in if that's where she intends to live, to keep the house from being vandalized and from falling into disrepair. However, she should not use trust assets other than to maintain the status quo, paying the mortgage (if any), taxes and other house-related expenses not attributable solely to her. Once the property is distributed, the property must be formally transferred by deed and recorded, and she, personally, will then assume liability for all expenses.

As Robert suggests, it is probably not a bad idea for your mother to move in if for no other reason to be sure the house is safe and protected. Until the property is distributed, the Trust has an obligation to maintain it. That would include normal payments such as the mortgage (if any), the gardner, pool man, etc. It would also include any required repairs to maintain the house, e.g. work to repair a leaking roof. The Trust would/should not have to pay for things such as a cable bill, utilities over the minimum needed to keep the house going, and the like. The Trust should also not pay for any "renovations" to the house that your mother wants. If you mother wants to use Trust funds to start work on the house, they should be documented as an advance against her 70% of the Trust.

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