Legal Question in Wills and Trusts in California

Re: Trust Property

Is the property in a Trust or is it an asset to be distributed under a Will in or outside of probate? Different rules apply. If it is in a Trust, you must first look at the Trust document to see what it says about the subject. If it is silent, a standard of reasonableness applies. It is not unreasonable to hire someone to clean the house and make small repairs, nor is it unreasonable if they do it as long as they do not pay themselves excessively. Having a caretaker for the house may not be reasonable; is it in a high crime area or one with a large amount of dust so it must be cleaned often, why does there need to be a caretaker? It is not unreasonable to pay a caretaker who happens to be a relative, but that person should also be paying rent and for the utilities.

If she is the executrix undner a Will, and the Court appoints her for the probate,she will get a standard flat fee set by the Probate Code but should not be getting anything or at least not without the court's approval for her activities. She would have to petition the court or send a notice of proposed action that you could object to.

I think you are probably correct that having the cousin there will slow up the sale of the house. Have her speak to a local realator for their opinion. If she has been evicted from one place, she is not going to move out on time for this place.

I assume there is some prior bad blood between some of you. Try to sit down and calmly work out a procedure that is acceptable to both of you. Well after the estate/assets are distributed, you are still going to have to deal with each other. If you can not work it out among you, hire a mediator or some one who is really neutral to get an acceptable compromise.