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What rights do I have.

Berkeley, CA |

In my mothers living trust she said that i could live in this house rent free as long as possible.
she said that my sister takes care of the upkeep and the finances of the house.
I want to know what my rights are in regards to living and working in this house.

My sister is the successor trustee and also the beneficiary. The only way she can pay for the upkeep of this house is through the funds of the rental property.

Attorney Answers 3

  1. It is difficult or impossible to answer your question with out seeing the trust document. The first question I would have from your wording is if the trust is responsible for upkeep (it is probably the trust and not your sister in her individual capacity) it is from the rest of your share (if there is cash) or is it from some other pool of money that upkeep is paid for? In order to protect your rights you need your own lawyer - the trustee and/or trustee's attorney do not represent you they represent the trustee and your interests could be adverse.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

  2. Your rights are whatever the Trust provides for, and your attorney will have to carefully analyze the language therein. From your quick summary, as long as you want to live in the house, you are able to live in the house rent free. This can be easily verified by your attorneys quick review of the materials in the Trust.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

  3. MY colleagues are correct, the only way to establish the extent of your rights, under the trust, is to examine the trust. You should consult with your own local trust attorney for fact specific guidance. The attorney for the trust and or your sister, do not represent you. Do not reply on them.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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