Legal Question in Wills and Trusts in California
what rights do I have?
I was begged to come move into my mothers apartment building.There is no rental agreement nor has she asked me to pay rent. I have been here for 5years and she has asked me to perform managerial duties at no charge to her. I have renovated and cleaned and maintained the building. After 5years can she charge me now in the trust after her death for living here?
2 Answers from Attorneys
Re: what rights do I have?
She basically can do whatever she wants in her trust. Even if you got a judgment stating that you owed no rent, she could still deduct that amount from you in the trust or in a Will. It is her money to do with as she wants as long as it does not offend public morality or senses--she can not use it to cause a divorce, hire a hit man, etc.]. You should calculate how much you would have earned in doing the work for your mother and what your rent would have been to see how much advantage she has taken of you. maybe she has treated you reasonably well. But since you resent what has occurred, consider going to her and diplomatically explaining your position; but be prepared for her to be angry and maybe to think about changing her Will or Trust to reflect that.
Re: what rights do I have?
I don't know what you mean? The trustee cannot charge you for the past, but the Trustee can change the terms of your tenancy with a 30 day notice to increase the rent.