Legal Question in Wills and Trusts in California
My husband inherited 1/2 of his mother's house. The house is paid for. We moved in upon her death.
His brother,who owns the other half, is claiming the entire house is his because he is trustee of the trust.
He has filed an unlawful detainer to evict us. My husband was served with the legal docs tonight.
My husband is using the local Legal Aid Society. He seems to think that the court will grant him the house because he is paying the taxes, HOAs, and doing all of the trustee's work.
We have a 3 year old son. I'm very worried about being put out on the street while these two brothers duke it out over the house.
Do I need an attorney to represent me and my child? I thought with two owners, the court could require a partition sale, but not eviction.
Some help is greatly appreciated.
2 Answers from Attorneys
What would make your husband think it was OK to just move in, without the trustee's agreement? THe Trustee has the right to evict you and to sell the house, but it might take a while.
Suggest youn obtain probate litigation counsel to represent you in this proceeding. The terms of the trust control, but the trustee has fiduciary duties to all beneficiaries, including himself. So obtain counsel, determine what the fair value of the rent would be, be prepared to rent until a petition for partition can be accomplished, with you maybe being able to purchase the brother's interest at fair market value.
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