Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I already wrote to the main site and thought you were the…

Customer Question
I already wrote to...

I already wrote to the main site and thought you were the attorney that will respond if i pay. i wanted to add a question about the trust.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I'm the trustee and executor, the trust says my 2 siblings can remain in the trust home until the die, they were adult dependents of our mom and never paid rent or utilities for 20 yrs (ages 58 & 60) they want the will and call me to leave msgs 'why havent you given us our copy etc) but i try to cal to and schedule the appt and also to get appraisal, inventory pers prop, get moms docs ;IRA Ins bills etc and they refuse me. the trust says they have to pay utilities and ins & taxes with repairs and if they fail to pay i can charge rent and after a reasonable amount of time i can evict. how can i get them out to do my job and should i be serving a New Lease for the Trust (but they wont sign anything) if not what do i file in monterey court house?

Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 31 minutes by:
2/3/2016
Estate Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,036
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I need to ask a few questions before I comment...

.

Can you tell me if the trust owns the house now?

.

How are they preventing you from simply going to the house so you can conduct an inventory, get the important paperwork, bills, etc.?

.

Have you filed a formal probate case to administer the will and settle mother's estate?

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
it says "assets held in trust" and lists the home as well as tangible pers prop with ins policys and bank/credit union accounts
They are under some type of substance or alcohol, paranoid and dilusional at times yet coherent enough to call my employer, the police, friends and family and lie, threaten and curse so i'm affraid of them. Plus we dont have a key to the house and when the local PD were called the first time by them to have us removed from their private property (they told the PD the same), the PD said my docs didn't have a stamp in the top front page and wouldnt honor them so i called the Firm that created this will, cert of agreement, dpoa and trust for my mom he said it wasn't necessary to have that stamp because it was stamped on the last page. when i asked for their (PD) help again in the matter they said they will assist for restraining order or FED but not until we had that and this is a civil matter. we cant get the DV order and were going to try for a 3 day unconditional notice to quit but were told that we should give notice of new lease, somewhere there is a form that can be completed to see a judge maybe probate court, maybe i shouldnt be contacting outside help and just get an atty but REALLY I should be able to do my job and not end up in probate court taking the trust and I only have a copy of the will so i cant file it with the court because it wants the original that i bekieve is in the house with moms other docs.
Estate Lawyer: Barrister, Attorney replied 2 years ago

Ok, in this situation since they are interfering with you in carrying out your duties as trustee and executor, you can just give them a written 60 day notice to vacate (since they have lived there over a year) and then proceed to court to evict them after that if they won't allow you into the property to do your job.

.

However, if the trust states that a condition of their tenancy is that they have to pay utilities, taxes, etc. and they haven't done so, then you could serve them with a 3 day notice to pay or vacate for all those debts up to 2 years back and then pursue a formal eviction after that when they don't pay. I think this is your best and fastest option to either get them out or let them know who is in charge here so they shape up and let you in to do your job. I would also have any notices served by the local sheriff as that is always more intimidating than if you served it yourself..

.

Further you can still file a probate petition to be appointed "administrator" of mother's estate (i.e. no will) if they won't accept the copy. Once appointed you have the legal right to enter the property to conduct an inspection and inventory and the sheriff or police would have a duty to assist you since you would have a court order appointing you as administrator. If the original will is found in the house, then you would admit it to probate and your role would change to executor (i.e. with a will).

.

So you have a couple options here and I would probably pursue both the eviction after a 3 day as well as filing a probate petition to be administrator so you can get some movement going here.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,036
43,036 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

43,036 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
Property Tax question related to Ca. Prop 13, Parent to
Property Tax question related to Ca. Prop 13, Parent to Child transfer via Estate Trust. Four Siblings on trust, one (brother) wishes to buy parents house in trust but Total Estate Trust not large eno… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My mother had a 10 K life insurancewith Midland National
My mother had a 10 K life insurancewith Midland National They sent me a beneficiary form. I called and asked what my 1/5 value was. They told me 61.00. I asked for a accounting and they told me I need… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
My mother recently passed away. I have reason to believe my
My mother recently passed away. I have reason to believe my sibling was taking advantage of her financially. I was POA but never used my powers. I know that ended with her death. I was executor up unt… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My sister died in California and it tooksix months to go
My sister died in California and it took six months to go through probate. There was a lot of money. Who pays the HOA fees and utilities during probate? Me the heir or estate?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My mother passed away 11.21.14. House is listed in her trust
My mother passed away 11.21.14. House is listed in her trust name and the title is in the trust name in California and is free and clear. There are 3 siblings (beneficiaries): I am in CA, 1 sister in … read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
My mom passed away and left us with a property in a trust. The trust
My mom passed away and left us with a property in a trust. The trust reads "Upon the death of the last Trustor to die, the Trustee shall distribute all trust assets, one-fourth each between the four c… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,336 satisfied customers
I received a letter from the trustee of my mothers estate.
I received a letter from the trustee of my mothers estate. The attorney stated that the trust has not money therefore I have two options as far as her house. Option 1 was is to pay the mortgages payme… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,036 satisfied customers
A question regarding irrevocable trusts in California law.
A question regarding irrevocable trusts in California law. What is the difference between the Executor, trustee and successor trustee? The trust attorney says that I really can't do what is stated in … read more
Barrister
Barrister
Attorney
Doctoral Degree
43,036 satisfied customers
Hello, My fathers will has just been opened to probate
Hello, My father's will has just been opened to probate in TN. When the executor gives a list of inventory are the IRA's, or bank accounts on the list or when is this information given to the benefici… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
I have recently learned about 541 Trusus and would like to
I have recently learned about 541 Trusus and would like to know if that would be a good vehicle for me to use. I have a house with a mortgage, rental property also mortgaged, a 401k acct, life insuran… read more
socrateaser
socrateaser
1,031 satisfied customers
Our mom recently passed away and left a will that she had done
Our mom recently passed away and left a will that she had done approximately 8-12 months prior to her passing. She left my sister - the eldest of 3 siblings - as the Trustee. My mom & 2 sisters - incl… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
My five siblings and I have hired a professional Trustee/Executor
My five siblings and I have hired a professional Trustee/Executor for my father's trust and will. My father passed away one and a half years ago. The Trustee/Executor is charging $200 per hour for her… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,036 satisfied customers
I am co trustee and now executor of my parents estates in
I am co trustee and now executor of my parents' estates in Richmond, VA. Father died Jan 7. mother died Feb 2. The plan was to have her disclaim her share of his IRA and profit sharing plan so that my… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My Mom just passed away last week. I have yet to meet with
My Mom just passed away last week. I have yet to meet with her estate lawyer. I am her personal representative, durable power of attorney and executor of her estate. She has a living trust. She passed… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Dad passed away and left his assets to his 4 children. He
Dad passed away and left his assets to his 4 children. He set up 2 different situations set up before he passed. He left his home in a trust to all 4 children equally. Then he left 2 of the 4 children… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
We are preparing the final accounting for my mothers estate
We are preparing the final accounting for my mother's estate in NC. She had a will. The executor has completed all the paperwork and qualified as the executor. The bank accounts were POD to the execut… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My mother died in December with a will naming me as executor.
My mother died in December with a will naming me as executor. I have three siblings with whom I will split the estate. There is a Survivors' Trust and a by-pass trust. I am the trustee and the total a… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My husband is the P.R. for his dads estate in Colorado. He
My husband is the P.R. for his dad's estate in Colorado. He has 2 step siblings that are minors. Their mom and his dad have been divorced for well over a decade. In his will he specified the shares pr… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x