Legal Question in Wills and Trusts in California

Does the trustee of an estate have absolute power over everyaspect of the trust? My father passed away a week ago but for some reason my uncle claims to be the trustee and has basically let his position of power go to his head. I was released from prison in April after serving a 5 year sentence for drug sales. I am 45 and have been in and out of prison for drugs for the past 15 years. Upon my release my father asked me to come live with him so that I could be stable and to help him as he was in poor health and very lonely. His death, a heart attack, was not what I was expecting to find when I came home and there he was on the floor. I have no job and basically my father was taking care of me. He gave me about 100 dollars a week for the things I did around the house and yard and he gave me 2 credit cards to use for gas and grocery shopping, etc. I continued to use the cards after dads death and my uncle knew I was and had no problem with that. Now all of a sudden he cancels the cards and tells me I have to be out of the house in 5 days so he can start remodeling the threatening to tell my parole agent I used my dads credit cards fraudulantly if I don't leave when he told me to. I have no money and nowhere to go. Can he do this to me? I am the oldest of 3 children but my uncle says he's in charge. Can he do this to me or can I contest him or anything? Do I have to move out or does he have to evict me or can I stay until the house gets put on the market? Please help me with any advice you can give me. Thank you.

Asked on 8/05/12, 9:58 am

Kurt Seidler Law Offices of Kurt A. Seidler APC

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Yes.get thee to an attorney and take the trust for hervto read.

Answered on 8/05/12, 2:54 pm

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