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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
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Answered in 31 minutes by:
2/3/2016
Estate Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,630
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.

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

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

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

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

.

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thanks

Barrister

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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.

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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..

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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).

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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.

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thanks

Barrister

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