Legal Question in Wills and Trusts in California
My Mother passed away on June 27 2011. She left a living trust of which I am 1 of 3 beneficiarys. My sister is the trustee as well as a beneficiary. I was served with a 60 day eviction notice on July 27,2011. My boyfriend and I rent one of two apartments here on my mothers property. My Mother lived in the front house up until her death and we were caught up on the rent. We have no money to move, I am on unemployment, have been since March 2011 and he is self employed and work has slowed down for him considerably. My Mom had considerable assets in two bank accounts. This property is paid for free and clear, my Mom didnt owe alot of money to creditors, was early and responsible in paying her bills etc. and always kept me informed of things like this even though I didnt ask. She just wanted me to be in the know. Can I ask for money from the estate as I need it to move?
1 Answer from Attorneys
You are in two roles, one as a tenant of the duplex and the other as a beneficiary of the trust. When given a 60 day notice on a month to month tenancy, the landlord does not have to pay for any moving expenses nor have any reason for demanding the termination of the tenancy, unless you are under rent control.
The trustee, however, must act with the interests of the trust forefront in mind; ask her what the purpose is in removing a tenant who has always paid her rent on time and instead having a unit vacant for an unknown time so that the Trust losses money? What is her intent as to the duplex -- is she going to sell it [you can agree to a less than 30 day period of time to move out once their is a firm buyer so by the time escrow closes you will be out]. Since the Trust has a large amount of money, politely request that all three of you get an advance on your shares as the purpose of the Trust is to help all three of you lout and you certainly need the money now. Your sister would not be violating the Trust [unless it has terms suggesting otherwise] if she refuses; see if there is anything you can offer her to get her to agree.
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