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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12406
Experience:  JD, MBA
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I moved in with my mother 3 and half years ago to help her

Customer Question

I moved in with my mother 3 and half years ago to help her financially and physically from a minor stroke she suffered. I am a 58 year old grandmother myself raising 3 of my 6 grandchildren who I have guardianship through childrens court in california. I recieve kingap benefits for the children which doesn't amount to alot, but it helps. My only iincome for myself is about 990.00 a month from ssdisability. I have four brothers and we are all liste as benefecieries in moms living trust. 2 of them are executors of her living trust that she had drawn up after my father died 15 years ago. My mother was diagnosed with pancreatic cancer in august of 2015. just a few months ago. she declined any kind of agresive radiation or chemo teratment because she was 82 years old. I took care of her until her last breath. i had power of attorney over her health care, and respected her wishes to remain at home until she passed away. she wanted nothing to do with any hospital. The 3 children are all enrolled in the elementary school 1/2 block down the street. my mom passed away 3 days ago here at home. 2 of my brothers, one is an executor of her trust want me to move out immediately so the house can be sold which she owes 333000. on. Its not worth much more than that. maybe 450,000 tops and the payments are 1250.00 per month which is about all i can afford. the house i moved out of in torrance california i lived in for 20 years and paid 1000.00/month. when i left there to move in with my mom i had a friend of mine pay the rent there with the understanding i would move back there when my mom passed away, but the landlord decided to move back in there himself 2 months ago. the rent in this part of california is highly expensive and i am not going to be able to find a 3 bedroom house with a yard for a thousand dollars anywhere around agian. i just happen to be at the right place at the right time 20 yearss ago and the landlored never raised my rent. now that i have no place lined up to move back to with the 3 children, how long do i have legally to live here in this house. the other 2 brothers are on my side and want me to continue to live here with the children because that was what my mom wanted. she adored the children and said this was there home and mine. but her living trust says the house was to be sold and the money split equally with my siblings. what if any are my rights. i cant even afford to get a 2 bedroom apt. at thewse rent prices. please help me . my mother isn't even buried yet and 2 of my brothers want me to sign a rental agrement to live here. they make 150,000 a year from jobs my dad got them when they were in highschool on the waterfront as deckhands and now they are all captains. but my dad would not let me work down on the docks when he was head of the union because he said it was no place for a female. now he's gone and there all bringing in the big bucks longshoring and have for 40 years plus each owning ther eown homes and still want there money froom this one. they dont care about where the kids and i live, it's all about there money proceeds from this house they want. out of the two brothers on my side, one of them is also and executor of her trust. so what can i do legally
Submitted: 1 year ago.
Category: Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, your brother, as executor or trustee, does have the right to demand that you vacate the property. However, he must provide proper notice, which in the is should be 60 days. After 60 days, if you do not leave, then he would have to initiate eviction proceedings, which would likely last another 30 days (give or take). Accordingly, based on what you wrote, if you were just given notice, then you have roughly 90 days before you would actually be evicted. Even that can be extended if you were to take various types of legal action, such as file for bankruptcy or attempt to dispute the terms of the trust in court. Of course, those actions would just provide very temporary relief, and it may not be worth doing due to the cost. At the end of the day, the bot***** *****ne is that the executor/trustee has the right to enforce the trust, and if it calls for the house to be sold and divided, then I'm sorry to say that your brother has the right to do that (even if your other siblings disagree, and even if they all make a lot of money while you have nowhere to go). It's unfortunate, but on the other hand, perhaps the proceeds from the sale would allow you to find a place to stay. To that end, perhaps you can work something out where you stay there until it's sold.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!