Legal Question in Wills and Trusts in California
If prior to my parents dying they verbally made it clear to several family members that I was allowed to remain in their home free until it was sold. This was not stated in the trust however. Can the trustee, evict me and charge me back rent.
3 Answers from Attorneys
Yes. The trustee is legally obligated to carry out the terms of the trust and to maximize the return on the assets of the trust until they are distributed, subject to reasonably prudent investment and management practices. I am sorry for your loss, and the fact that your parents failed to revise their trust to match their wishes, but the trustee's rights and duties are clear.
Timothy McCormick's answer to your question is correct. Suggest you attempt to negootiate a reasonable rent for the residence with the trustee until the residence is sold.
Eviction is expensive and takes a while. You might be able to negotiate to stay in the house, helping with getting it ready for sale, if you are willing to agree to move out without legal procedures when the time comes.
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