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My friend's father passed away 2 yrs. ago and left his homesteaded estate to her younger sister, who is a minor. In his will he

Eureka, CA |

stated that the property was only to be sold if the minor child was in desperate need, otherwise the property was to be kept for her. Anyway, my friend was living there 2 years before their father passed away and has been living there since. Now, the trustee's want my friend off of the property. Is there anything she can do to stay? Also, the minor child is not in need of anything. The trustee's get more than enough money monthly to care for her.

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Attorney answers 3

Best Answer

No, there is nothing she can do to stay. She apparently has no rights to this property based on the facts you presented. The trustee/executor (not sure which applies here - you used both) can serve her with a notice to quit. If she does not then vacate the property an unlawful detainer suit can be brought and the Sheriff can physically remove her form the property.

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Your question states that there is a trustee so I assume that the house is held in trust for your friend's younger sister. Without knowledge of the contents of trust and based on the facts stated in your question, your friend has no interest in the property or right to live there. The trustee is within his rights to order her off the property and if she refuses, he can serve her a notice to quit and then file an unlawful detainer action to have the court order her off the property.
When the father died, the trustee was supposed to give notice to the beneficiaries and potential beneficiaries. Let's assume your friend falls in that category. She would then have a right to a copy of the trust so that she can consult an attorney about what her rights are in the property. It would be advisable for her to speak with an attorney to determine what her rights are.

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Was your friend a beneficiary under the "trust"? You speak of a will but mention a trustee. lf there is a trust in place and the property has been transferred into the trust, then the trustee has control of the property. However, if your friend is a beneficiary of the trust, he is entitled to a copy of that trust. The trustee should provide a copy of the trust.
If your friend is not a beneficiary, then the trustee has the right to ask him to leave the property. If your friend does not comply, then the Trustee can evict him.
However, there seems to be a lot of facts left out of your question. Your friend should consult with an attorney that is knowledgeable and can advise him what rights, if any, your friend has.

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