Legal Question in Wills and Trusts in California
Revocable Trust
My mother passed away last December. The house is in the trust. Besides myself, there are 3 other beneficiaries. I am the successor trustee. My sister is 36 and never left home. She refuses to move and now is refusing to show the house to potential buyers. Do I have any recourse to evict her? She has no job, no income, and is also threatening to rent out rooms and keep the money.
2 Answers from Attorneys
Re: Revocable Trust
Not only can you evict her, you have the duty to prevent her from stealing trust assets (such as rent). If you'd like the assitance of my firm, just call. We can assist you with the administration regardless of where you live in California.
Sincerely,
Phillip C. Lemmons, Esq.
Re: Revocable Trust
I disagree slightly with Mr. Lemmons. Technically, your sister cannot be evicted since she's an "owner" of the house, not a renter. You might need to bring an action to "partition" the estate. This is a legal proceeding where you ask a judge to force the sale of the property.
Make sure whatever lawyer you might decide to hire knows how to go about doing this, or your sister will be able to delay things even further.
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