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Are you saying that the trust says that the house transfers from the trust over to you and your brother....not brother in law, correct?
If so, will your brother allow your brother in law to continue to live there if you object?
Ok, I need some more information to unravel this...
1. Father had a trust with the house in it. He passed and left the house to your sister. She never had it transferred out of the trust into her name personally.
2. Did sister leave a will disposing of any of her assets not in her trust?
3. How will the house transfer to your brother?
Ok, I must be missing something here because when father left sister the house from his trust, and she didn't put it in her trust, that means that it has to be put in her personal name when it leaves father's trust. So that means that it is controlled by her will, not her trust, because it would have to be deeded into her trust while she was living to get it out of her name unless her will states that it gets "poured over" into the trust.
So if it is disposed of by her will, and her will gives her husband some type of interest in it, then he will become a partial or full owner of the house.
I am not sure how the house will be going to brother unless sister's will specifically states that brother is to receive it??
Something isn't right here or I am missing facts..
This is the way any transfer would have to go as a matter of law... Father's trust to sister personally. Then from sister personally to her estate since she is deceased. Then from her estate down to whoever she leaves her assets to in her will.
So it can't go from father's trust to brother, because it wasn't left to him by father, it was left to sister..
But assuming that the attorney on the ground is correct and I just don't have all the info, if brother ends up being the owner of the house, only he can force your brother in law to vacate by evicting him through the courts after giving him a written 30 day notice if he doesn't move.
Since you don't have any ownership in the house, you wouldn't have any legal authority to force brother in law to move out. Only the owner can do that since he is technically both your landlords.