Legal Question in Wills and Trusts in California

Will/Estate

My mother is living and has a will and living trust. She has will her home to me.

My brother moved in after a divorce three years ago. A woman friend of hers was kicked out of her apartment by her sister and he has now moved this woman into my mom's house.

What should I be doing, legally, to preserve the house should my mom pass away with my brother and this woman living there.

My mom is in great health for 77 and just doesn't say that something is bothering her even if it does. She doesn't like this situation. And I certainly don't

Thank you so much for your help


Asked on 7/17/07, 8:46 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Will/Estate

Your information is confused. But, your mom can change her will or her trust any time she likes if she is mentally competent. If she is not mentally competent then her trust documents will provide answers. Barring that you may want to pursue a conservatorship. You can go to www.yourlivinglegacy.info for more information on this. You may well decide its best to handle all of this without a lawyer, which you may well be able to do, with my Legacy Trust Package. My book explaining all this in lay terms is $19.95. The do it yourself trust package if you choose to use it is only $79.95.

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Answered on 7/19/07, 11:08 pm
Frank Sariol Frank R Sariol, PLC

Re: Will/Estate

The will or the Trust do not take effect until your mother passes away. She, as trustee of the Trust, has the power to evict this lady. In the meantime, there is nothing else you can do.

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Answered on 7/17/07, 8:53 pm


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