Legal Question in Wills and Trusts in California
Is a trustee still considered the owner of property if the trust is being contested & in probate court. If no then that would mean that they cannot evict someone from the home correct?
2 Answers from Attorneys
I would love to look at the trust to give you a more thorough answer; however, with the limited facts I have, then no, you won't be able to evict anyone until the trust being contested is complete. That is at least in my experience; however, again, without looking at other variables and facts, that is the best answer I can give you.
If the trustee is on title to the trust property, then the trustee can terminate a lease and evict the occupants, at least on paper. The way to avoid that is to get a restraining order against the trustee - to do so you probably have to convince the judge that you will likely win the contest on its merits.
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