Legal Question in Wills and Trusts in California

my brother refuses to leave the house even though we are all trustees


Asked on 1/31/18, 2:49 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

This problem is a lot more common than you'd think. First, the trustees have an obligation to charge fair rent if someone is living in trust property. If you are trying to sell the house, then you'll need to evict the brother. If the Trust allows majority voting, then call a meeting of the Trustees and vote to rent or sell the house and tell him he has to leave. You may also have to remove him as a Trustee in addition to evicting him. I've done that many times.

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Answered on 1/31/18, 2:57 pm


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