Legal Question in Wills and Trusts in California

My boyfriend that I have lived with for 10 years unexpectedly died in January. He was soley supported by a trust belonging to his stepmother .The trustore ( Her longtime friend and accountant ) oversaw the trust exactly as it clearly stated to do. I was always led to believe , by my boyfriend, that the trust and all things belonging to the trust belonged to him. The reality that is stated in the trust is that upon my boyfriend's death all his bills and funeral expenses are to be paid and at that point the trust precisely states that the stepmother's sister recieves the trust and the previously appointed trustor will have completed his job . I have been able to stay in the home through communications with the previous trustor. A couple of weeks ago he informed me I must move out by the end of this month. I need to know what rights I may have to stay in the home longer. My boyfriend supported me 100 percent all these years through his own means ,or so I thought. I can not afford to up and move . What rights may I have?


Asked on 7/06/15, 11:49 am

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

Regretfully the bottom line is that the trustee (the trustor is the person who created the trust, the trustee manages the trust) can have you evicted. So if you don't move out eventually, the trustee can file an unlawful detainer action against you. What you should probably do is to ask the trustee to give you a couple of months to get out, as you have lived there for so long.

Read more
Answered on 7/06/15, 12:22 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California