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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
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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.
Expert:
FLAandNYLawyer
Pos. Feedback:
98.7 %
Accepts:
Answered:
2/14/2009
Attorney
20 years of private practice
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