Legal Question in Wills and Trusts in California
My mother recently passed, I have lived and cared for my mother for the past 25+ years. The house was left to 5 of us children equally. Now she's only been gone for a month and a half, and the Trustee (my brother) is trying to get me to move out so he can move in. My mother mentioned to all of my siblings including him that I was to stay here as long as I needed to after her passing. Can he legally make me move out?
2 Answers from Attorneys
It depends on what the trust says. The trust controls over whatever your mom said.
It would be odd for your mother to leave the house to her 5 children and then allow your brother to move in, but you have to look at the specific language of the trust. Ordinarily the house would be sold and the proceeds divided or one sibling would buy out the others. Please see a lawyer who can review the specific documents with you and advise you regarding your legal rights.
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