Legal Question in Wills and Trusts in California
Help for trustee of family of drug addicts
My father died 2 days ago . He made me conservator,trustee, gave me power of attorney and financial power of attorney. I have 2 brothers. They are drug addicts and felons. Dad has a living trust funded with his house and money market account and this is split between my and my 2 brothers. He left insurance and 401k out of trust with my 2 brothers as beneficiaries. My 2 sisters were disinherited. My one brother was living with my dad when he died,my other brother was just released from jail. They are all stayig at my dads house and dont want to leave. I need fix up the house to sell cuz its a wreck. They dont want me to sell the house. My brother has moved in his wife and kids and my brothers girlfriend is also living there. How do I get them out of the house? My dad had an extremely valuable coin collection that Im trying to get into a safe deposit box and they made my aunt take it home and wont give it to me.This was not listed specifically in the trust but I think is under personal property. I need to get it insured also. They are interfering with carrying out my dad wishes and I cant do my duties. My dad had hid trust done by a prepaid legal service and I get ahold of them. They wont return my phone calls. Can anyone Help?
3 Answers from Attorneys
Re: Help for trustee of family of drug addicts
Theory in reality or two different things. You'll have to go to court and seek an order of court for them to leave the house. They would get a notice of adhering so they can present their side and if the court grants the order which I would assume they would based upon what you have minimally said in your question, they should get out. The sheriff will serve the eviction order upon them and if they do not get out there are alternative means of attempting to get them out. If they absolutely refuse you will have to have the share of go in and bodily move them out. The problem I see though he is a greater one just that. One is how much damage are they doing to the house and 2, your family in the know where you live. If they are as erratic as you say I would look at this a realistically also. You may have to get a protective order for yourself which is nothing more than a piece of paper saying you're not allowed to come near me. I think you need to talk with an attorney about not only what you can do what what might happen if you do it. Understand I am not telling you don't go ahead and evict them from the house. What I'm saying is be careful when and as you do it so you don't put yourself in the greatest of jeopardy. I am in northern California and if you wish to call me and consult with me I am happy to consult with you initially in that phone conversation for free.
Re: Help for trustee of family of drug addicts
in a nutshell, you absolutely have a delicate situation, legally and/or from a personal standpoint. you might want to seriously think about retaining an attorney to help assist you in this sensitive matter. feel free to email me directly if you would like such assistance.
Re: Help for trustee of family of drug addicts
You need to begin administration of this trust. It also appears that there are assets outside the trust to deal with. So long as the assets outside the trust do not exceed $100,000, or have a designated beneficiary you should not need to probate the estate.
The house is another story. You can gain control legally by evicting the occupants through an unlawful detainer action.
You will need the assistance of an attorney to complete the unlawful detainer and administration of the estate. This will be money well spent.
It is always a good idea to try and resolve your situation without legal action at first, but if that does not work you may have no other choice. Please call me directly if you want to discuss this further.
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