Legal Question in Wills and Trusts in California
trusts
I was the primary care giver of my father grand mother and mother i resided in the same house as all untill they died every thing was left to the three grand kids .i am one the house is to be sold split 3 ways
do i have an equal say and can they make me move out
3 Answers from Attorneys
Re: trusts
From you question I assume there is no will. The house must be sold through a probate proceeding. Any interested party can apply to the court to be appointed administrator of the estate. There are procedures to follow to sell the house. You may need to litigate your rights in probate.
Re: trusts
If this property is in the name of a trust, the successor trustee, who should be designated in the trust agreement, should follow the instructions in the trust agreement. If you are not the trustee, you are entitled to a copy of the trust, and if the successor trustee is not acting properly, you can and should hire a lawyer and sue the trustee.
Re: trusts
sounds like you have 1/3 interest in the house. if this is true and it is true that the house must be sold, then yes you will have to move out. it is possible to be charged rent during the time you remain in the house so be careful. you have no authority over the asset unless of course you are the current successor trustee. this assumes there was a trust and the facts you gave are supported by its terms.
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