Legal Question in Wills and Trusts in California
Momma has passed
I live in California. My brother and I are equal as trustees/executors of my momma's living trust. Momma left the house to both of us. Can my brother force me to sell or leave this house. I have been here 40+ years.
1 Answer from Attorneys
Re: Momma has passed
I'm sorry about your mother's death. Depending on the terms of the trust (for example, did your mother set up a trust for your lifetime that gives you the right to stay in the house), your brother could conceivably force you out ... he could bring what's called a "partition" action that forces the sale of the house.
If he does not force the sale, he probably canNOT force you to leave or pay rent, though.
If he does force the sale or insist you pay rent, you'll need to talk to a competent real estate lawyer. It looks like you're in the Santa Cruz area; I can recommend someone down there if necessary.
http://www.calprobate.com
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
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.
