Legal Question in Wills and Trusts in California

Re: Living Trust / Eviction Problem

Does your sister have any kind of rental agreement with your mother for the property? If not, you may be able to handle this without using the courts (although the police might have to get involved.) If that doesn't work, you may need to go to court to start unlawful detainer proceedings.

Re: Living Trust / Eviction Problem

If the police won't act then you may get a TRO against her. Contact me directly for assistance.

Re: Living Trust / Eviction Problem

Being the trustee under a Trust and the executor under a Will are two separate roles. You can be both, but when you go to an attorney you have to be accurate in your language. You need to explain how she came to live there, did your mother promise her anything as to her staying there after her death [the Will or Trust would overrule that but you should know what your sister is going to say in her defense], do you have insurance on the building to cover the damage she has and will do, if she is a trespasser can you legally shut off the utilities so she will not want to stay there? Be sure to make up a list of questions and of the relevant dates and facts before you see an attorney so the time spent can be more productive. You also must plan out what you are going to do once you get her out, as she will probably try to get back in, may come over to your house, etc.