JustAnswer > Estate Law
Ask A Question|Register|Login|Help
JustAnswer

Estate Law

Ask an Estate Law Question, Get an Answer ASAP!

Have your own Estate Law question?

5 Estate Lawyers are Online Now
characters left:
Not an Estate Law Question?

Related Estate Law Topics:

  • Mom
  • ,
  • Two
  • ,
  • Free
  • ,
  • Kind
  • ,
  • Late
  • ,
  • Live
  • ,
  • Move
  • ,
  • Rent
  • ,
  • Sold
  • ,
  • Told
Bookmark and Share

Question

Dear Sir:

My Dad passed away 8 years ago without a will, 2 years later my young brother had an attorney established a living trust for my Mom who lived not too far from my young brother’s mansion, my young brother is her power of attorney, executor and trustee of my Mom’s living trust. At that time my Mom was afraid of living alone by herself, then my brother made an arrangement to has his housekeeper living with my Mom, the housekeeper invited her girl friend to live with my Mom as well, one year late, both of them brought her child to the house, at that time, there are 4 people living with my Mom, the agreement was for them to take care of my Mom as companion and do cooking and cleaning in exchange for free of rent and utilities, this kind of situation has been last for the last 5 years, two weeks ago my Mom passed away, my young brother told me that he would like to let these two ladies with their child stayed in my Mom’s house for another two years for free to show his appreciation. However I do not agree, I would like to give them 3 month advance notice for them to move out of house in order to marketing it in summer for sale to split money between brothers if house got sold.

My question is if my young brother insists to do what he wants, Could I do anything about it?
Is it expensive to start a lawsuit like this ? do I have a case to start a lawsuit ? the market monthly rent for my Mom’s house is $2500.

Sam H. Yang

Submitted: 281 days and 11 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
+
Read More

Optional Information

diamond bar, California

Already Tried:
I am going to meet my brothers this weekend to discuss this matter

Accepted Answer

Hello,


You can consider filing an action to remove your brother as trustee based on breach of fiduciary responsibility. As trustee your brother has the obligation to prevent waste to the trust property. Allowing the occupants to reside in the house rent free for 2 more years is considered to be waste. The house could be sold or rented.

Picture
Expert: FLAandNYLawyer
Pos. Feedback: 98.7 %
Accepts: 
Answered: 2/14/2009

Attorney

20 years of private practice

+
Read More

Related Estate Law Questions

  • My mother died 2 years ago. My sister claims she had power
  • My father recently passed away in Florida. He had credit car...
  • Can you fire an executor that does not meet your requests to
  • Would it be advantageous to put my term life insurance in a
  • My mother recently passed away and my inheritance is being
  • my father recently passed away i am exeutor of his will i ha...
  • My father passed away and everything was TOD except his hous...
  • human rights and llast will and testament



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.