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Can my sister's evict me from my late father's home if I am a equal trustee and there is no "rental agreement"?

Yucaipa, CA |

My sister's and I are equal trustees of my father's living trust. They want to sell his home which I am living in. They are claiming the trust states that whomever is living on property is required to pay rent but I have gone over it numerous times and don't see anything to that effect. They placed the house on the market last month and then pulled it off and now have served me with eviction papers and are suing me for past due rent. There was no agreed upon amount or lease. I offered to pay a reasonable rent per month that we all agreed on towards the purchase of the home and they never responded.

Attorney Answers 2

Posted

It is difficult to respond to your question without review the terms of the trust. I suggest that you consult with a probate and trust lawyer.

DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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Posted

She cannot evict you if you defend the matter correctly. Moreover, unless the trust authorizes your occupancy, the probate court can order you out. Your action is self-dealing and you could be held financially liable and potentially subject to double damages. You can also be removed as trustee and held liable for your sister's attorneys fees. I wouldnt push it if I were you. Consult a local trust attorney ASAP

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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