Legal Question in Wills and Trusts in California

Living Trust

My mom has a living trust will she made her 5 kids beneficeries of her home. My mom is now in a nursing home unable to make decisions.My sister has power of atty. My moms husband of 25 years lives in the home but, has signed a legal document stating he gets nothing from the home.We want him out of the house so it can sell to pay for her medical care, can we have him removed? house was paid for prior to there marriage.


Asked on 6/18/00, 8:26 pm

1 Answer from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Living Trust

I strongly suggest you meet with an Elder Law attorney in your area. It sounds like the Trustee of the Trust would have the power to remove the husband unless he has some life interest in the house. However, it may not be in the Trust's best interests to sell the home to pay for medical costs. Often times the house is exempt for purposes of medicaid eligibility while cash received from the sale of a house is not. Good luck.

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Answered on 9/05/00, 2:06 am


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