Legal Question in Wills and Trusts in California

I have been living with my parents (settlers) for 11 years on their property which they put into a Irrevocable Trust in 1994. Both parents are still alive. My sister that is a co trustee moved my parents to Mesa Ar without telling me and then she hired an attorney to send me a 30 day eviction notice. I am listed as a benefactor for the Irrevocable Trust. I would like to know what my rights are and if the court would see me as a tenant? If so wouldn't she be required to send a 60 day notice. I did not pay rent but helped my mother take care of my father with memory loss.

Also the trustee has not sent any information annually or informed me of a pending sale of the trust property.


Asked on 12/30/15, 8:58 pm

1 Answer from Attorneys
William Christian Rodi Pollock

It is not really practical to answer your question without seeing the trust instrument to allow the reviewer to understand what it provided. It is unusual to have a property like this in an irrevocable trust ( rather than a revocable trust), but it is possible ( as, for example, in a Qualified Personal Residence Trust.

Read more
Answered on 1/04/16, 10:44 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California