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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.

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Attorney answers 2


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.

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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

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