Legal Question in Wills and Trusts in California
house in trust
Our mom died last year and all the property she and her husband had, went into a trust, with him being the executor. We were given a home and two duplexes. The house and one duplex got sold, but the husband (our stepdad) stills lives in the other. In the will it states that he can still reside there. He has since gotten a new girlfriend and has moved her into the residence. If the will states that HE with no mention of future spouses can reside there, do we have any recourse to get her out of there. She has taken it upon herself to go through things in cabinets, cupboards, closets and either throw them away, break them, or if drunk and in a good mood, pack them up in boxes and eventually give them to us. It also states in the will, that all the belongings in the home will also be given to us upon his demise, so nothing should be leaving the home anyway. Do we have any legal grounds to have him and especially her removed from the residence. They are both alcoholics and the residence is becoming quite unpleasant. any help or answers will be much apreciated. thanks
2 Answers from Attorneys
Re: house in trust
you need to retain an attorney who can review all documents (will, trust agreement, powers of attorney, health care directive) and advise of your rights and any action which you may need to take at this time. for example, it is not clear from your question whether a trust agreement or a will was the primary dispositive instrument at your mother's death.
Re: house in trust
In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute phone consultation. Please feel free to contact our office toll free at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com
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