Cerritos, CA asked in Probate for California

Q: Co-trustee resides in property belonging to irrevocable trust. Probate section 16007 requires rent when does it start?

My mother passed away on May 7, 2017. My sister and I are co-trustees and she is residing in mother's house. As of today September 2, 2017 she has offered no plans for how long she plans to stay there. There are eight beneficiaries, but she and another sister (with husband) living in the house prevents the Trust from selling the property, thus making distributions to all trustees, and petitioning the court for the normal termination of the Irrevocable Trust. Trust administration is halted until we get this resolved. We have convinced them to pay rent, but don't know when to set a start date. Is it immediately from date of mother's death? Retroactive? So far the count is at 108 days of free rent.

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1 Lawyer Answer
Timothy James Jensen
Timothy James Jensen
  • Auburn, CA
  • Licensed in California

A: The 8 beneficiaries need to collectively hire a Probate and Trust lawyer and let him/her do what is necessary. You might be able to find one who'll wait until distribution to be paid, if all 8 of you can't pitch in on the retainer. Out of 8 people, you should be able to make a payment in good faith. You want to show a sign of good faith and keep your lawyer interested. T. Jensen

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