Legal Question in Wills and Trusts in California

I sold my condo a few years ago to move in with my elderly father. I work full time and am also his full time caretaker. His time to pass is coming soon. He has a trust where everything is divided with me and my two sisters and all of us are listed as co-trustees. I do not want to live in the house or own the house after he dies. I am planning to move out of state and will need 4-6 months in order to do this. My sisters are already saying that I will have to be out in 30 days. I feel this is unreasonable, especially since they have not helped caretake him at all. My questions are:

If I need to stay, say for 2-3 months do I have that legal right? Can they barge in on me any time they want?

If I need to stay for 4-6 months and agree to pay for the extra months, can they barge in any time they want as "co-owners?"

What are my legal rights and if I need an attorney, what kind of attorney do I need and do I need one outside of the attorney for all of us as co-trustees.


Asked on 1/08/10, 11:52 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Unfortunately, your's is a not untypical situation of the good sibling being taken advantage of by the others. Before your father dies, tell him what his two daughters are planning. You do not know that they have not already gotten him to change the trust to something more favorable to them. Youtr father will not like hearing the truth about his daughters but he already knows how they have acted their entire life so this additional news will not surprise him. You have to protect your own interests. In my own family the same type of thing occurred and not only were the ones who took advantage not sorry, they tried to punish the innocent family member even more. Your father should disinherit them. I realize you probably will not attempt to obtain that result, but I know from my family experience your are foolish if you do not. By th eway, take a detailed inventory with pictures of what is in the house as they will illegally take away whatever they want.

I assume that the trust leaves the house equally to all three of you. That means that all three can use the house as they want as long as it does not damage te house. The two of them, even though together they own more than you do can not force you out. They can sue for partition of the property [court forced sale] but you have as much right to stay in the house as they do. You do not have to pay them any rent as the house is legally yours also. If they tried to start eviction proceedings you could demurr to the complaint and win.

The trust attorney is supposed to remain neutral among the three of you so while he can tell all of you what the law is, he can not take sides. Once you tell your sisters what the law is, you may not need an attorney. You can probably hold off for now. They can enter the house whenever they want but probably not go into your private rooms.

God luck, and be firm.

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Answered on 1/13/10, 4:48 pm


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