Legal Question in Wills and Trusts in California
Of Living Trusts, Bad Apples, and Restraining Orders
Father passed in 2006 after creating living trust. I am only trustee. Have older sibling who is bad apple who is living in my fathers home currently. There is also a tenant who rents a room living there. I do not live at the home. Currently trying to sell house but brother is making impossible by way of trashing house, etc. Brother has also been breaking into locked bedrooms (ie my fathers room, office) looking for valuables to pawn to support his drug habit. I simply want him out immediately and forbidden to return. Is this as simple as a restraining order and if so, what type: Civil Harrasment or other? Thanks so much in advance for your time.
3 Answers from Attorneys
Re: Of Living Trusts, Bad Apples, and Restraining Orders
The Estate would file an Unlawful Detainer.
Re: Of Living Trusts, Bad Apples, and Restraining Orders
You may have to evict him if he is a tenant in the home.
Re: Of Living Trusts, Bad Apples, and Restraining Orders
Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.
The answer to your question is, as others have noted, a restraining order will not work here. A restraining order protects a person from intended and expressed harm, but in this case, you are really protecting property (your father's), of the estate. As a result, the estate, through its administrator or executor, must file an eviction action (unlawful detainer), and evict the "bad apple" brother.
I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
