Legal Question in Wills and Trusts in California

Re: living trust and its distribution to heirs

You have a few options that may work. One is to file an unlawful detainer action to evict him, which should get him to act. The second may be to seek court approval to deed him the house in which he lives. A third may be to have a special needs trust or other trust set up so that he does not lose the house.

In short, all options require you to seek an attorney to assist you.

If I can be of further assistance, please let me know.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-wessels)

The above is provided for informational purposes only, and is not intended to be relied upon as legal advice.

Re: living trust and its distribution to heirs

Are you the trustee of the trust? Did you send him notice of intent to administer the trust with a copy of the trust? If you're trustee and the real property is in the trust, then there are number of options, in addition to those suggested by Mr. Wessels, you might want charge your brother for the fair rental value of his stay in trust property. Indeed a letter to him stating as much, might light a fire. A petition for instructions might also be in order. Retaining counsel at this point is a very good idea. Don't wait too long to resolve these issues.

Re: living trust and its distribution to heirs

Your question doesn't make any legal sense. An executor is the personal representative of an estate that is in probate. An Irrevocable Family Trust is a separate legal entity. The Trustee of the trust has control over its assets. Obviously there are assets in the estate or trust or whatever you are dealing with there. I suggest you hire an attorney. We really can't give you meaningful help in a site like this.

In general, to better understand what you are doing, you may want to read my book,"How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" It will explain virtually everything you need to know in plain English. Having taught literally hundreds of seminars to thousands of regular middle class people, I have learned how to answer the most important questions in language understandable to all.

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Again, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.

Re: living trust and its distribution to heirs

you need to retain an attorney to answer your questions and assist with performing your duties as executor (or is it trustee) properly.