Legal Question in Wills and Trusts in California

Your question indicates that your parent's trust gave your brother a life estate. A life estate allows your brother to live in the house for the rest of his life or to rent it out and pocket the rents. Without your brother's consent, I don't believe you have the right to occupancy. However, you need to have an attorney read the trust and see exactly what the terms of the trust are and how they relate to exclusive occupancy.

There are companies that will lend you money against your expectancy at close to usurious rates or discounts because they will have to wait until your brother's death to exercise their claim. The referenced companies make loans on probate estates which are usually less than two years. You would have to check with them on whether they would advance money against your interest which is long term. Another method might be to consult with reverse mortgage lenders who might loan you money against your future interest. Here again the problem is that they would be betting on the longevity of your brother who has the life estate.

It does appear that your brother has a life estate in the property. According to your post, the life estate terminates if your brother either moves from the property or passes away. As I understand it, you want the home to be sold so that the proceeds can be divided and you'll be able to receive your share of the property. Unfortunately, you probably cannot force the sale of the property under the terms of the trust. It would appear that your parents sought to provide your brother with a place to live during his lifetime. They may have been concerned with his ability to provide for himself or they may have had other motivations. Whatever the circumstances, you and your other siblings rights as beneficiaries do not vest until your brother is no longer living at the premises.