Legal Question in Wills and Trusts in California

Before his death in 2003, my father set up a living trust with my 2 brothers and I as the beneficiaries. The family home is the only remaining asset. According to the terms of the trust I was entitled to live in the house for a period of 5 years, provided I pay the mortgage, insurance and property taxes on it, which I have. We are in the process of selling the house now. Am I entitled to my moving expenses being paid by the trust before it is dissolved?

Asked on 7/10/13, 11:05 pm

3 Answers from Attorneys

Victor Waid Law Office of Victor Waid

The provisions of the trust will determine if you are entitled to moving expenses; but look at the problem another way. You are getting debt relief by not having to pay the mortgage, maintenance, insurance and taxes for the next five years. So you may want to tread lightly on this issue with your brothers.

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Answered on 7/10/13, 11:18 pm
Michele Cusack Pollak & Cusack

Probably not- only if so provided in the document.

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Answered on 7/11/13, 7:37 am
William Christian Rodi Pollock

Not unless the trust specifically so states. That is your own personal expense.

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Answered on 7/11/13, 4:49 pm


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