Legal Question in Wills and Trusts in California
Problem sister-in-law
Mother has Irrevocable Trust. I am
1st Executor and have POA; brother
is 2nd. Sister-in-law has been
intentionally omitted in Trust.
Everything to be split 50/50 between
brother and me. Problem/question:
Is there any way to keep sister-in-
law out of the house that brother
and I will co-own after the death of
our mother? I was further
wondering if I could change the locks
to keep her out of the house until
my brother and I discuss and decide
what we want to do with the
property. My brother and she are a
unit and he has stopped talking to
me because of her.
1 Answer from Attorneys
Re: Problem sister-in-law
Technically, your sister-in-law is not a co-owner of the house. But since your brother is (or will be) a co-owner, I think that's a 'distinction without a difference".
So the practical answer is that you cannot keep her out (if your mother is still alive, you might be able to keep both of them out of the house since they have no ownership interests at this point. However, if your mother is living in the house, make sure that you aren't preventing your brother from seeing your mother - otherwise, you could be liable for emotional abuse of the elderly).
It sounds like this is going to become an ugly situation. You need to find a competent lawyer to advise you now, before you make any mistakes that could cost you a lot of money later.
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.
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