Legal Question in Wills and Trusts in California
In a trust it is stipulated that my mother's house and the house I live in are to be sold and split between us,and my mother doesn't have much longer. My brother has informed my sister (she lives with and takes care of my mother) and I that as soon as my mother dies we have 30 days to move out of both houses. Can he do this?
1 Answer from Attorneys
Unless he is the trustee right now, he has no authority to do anything. If he is the trustee, he must give you appropriate written notice under the law. If you do not move, he could file an unlawful detainer. In addition, it is the trustee's duty to the beneficiaries to maximize the benefit, so it might behoove him to consider waiting a while to sell the properties until their values increase -- if that's appropriate.
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