Legal Question in Wills and Trusts in California
Trustee requiring trust beneficiary to move.
I have rented a room in my mothers house for 7 years. At her death on 4/21/2004 my older brother became trustee. Per the trust he also gets the house. Is there a time frame before I am required to move? Are there any legal procedures that should be followed. What are my rights as a renter and what are the responsibilities of the trustee?
2 Answers from Attorneys
Re: Trustee requiring trust beneficiary to move.
It depends on the trust, but generally the trustee has the obligation to reasonably maximize the value of the trust assets for the beneficiaries. If you were a tenant in your mother's house, the new trustee can charge you rent or evict you as he sees fit. To start the eviction process, he has to serve you with a demand to vacate the premises (probably a 60 day notice but it may be a 3 day notice). If you don't respond, he can evict you.
Re: Trustee requiring trust beneficiary to move.
As trustee your brother now controls your mother's house. He may allow you to continue renting from him but he is not required to do so. If he chooses to evict you, he must follow proper eviction processing. You should be given proper written notice to vacate the premises.
Hopefully you find this helpful.
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