Legal Question in Wills and Trusts in California
trust
adult son lived with grandmother taken care of her, she passed and the house is in a trust with him an others members on trust, is he forced to move out, if he doesnt pay rent.i am the trustee, he is my son, will i be force to be removed. the home is in calif. i live in florida
2 Answers from Attorneys
Re: trust
You need to check California law for an accurate answer to your question. Generally speaking though, if the other parties have no objection to him living there rent free then there would be no problem.
Eventually he will likely need to buy out the interests of the other parties if he wants to stay there.
Re: trust
It really depends on the terms of the trust. Normally, as the trustee, your duty is to protect and preserve the trust assets. This is a fiduciary duty.
He is not necessarily required to pay rent, unless the other beneficiaries are demanding it. It may be that he is remaning in the home to ensure that it is kept in good condition for a possible sale at a later time.
There are several variables and options that can be weighed to come to a more complete answer, but I would need to review the terms of the trust itself first.
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