San Rafael, CA asked in Estate Planning for California

Q: My brother lives with my elderly mother. She would like a letter stating he has to vacate the house in a certain time.

This would be after her passing.

Related Topics:
4 Lawyer Answers
Genene N. Dunn
PREMIUM
Answered

A: I typically put a provision like this in the person's trust. Your mom should get a trust done and add this provision to her trust and make sure the property is owned in the trust.

Nina Whitehurst and Jeffrey Louis Gaffney agree with this answer

A: A letter won't do it because after her death, someone else will own the property and the letter won't have any power.

I am guessing that she wants him to be able to live there for X years, then the property will go to her heirs. That is done best in a Living Trust; it can also be done in a Will but the Trust gives you more protections and convenience. The Trust can give him the right to live there, and define his duties, and then the Trustee will dispose of the property for all the heirs.

A: Your mother needs to write a will and a trust. In the trust she can state who is in charge of her estate. Maybe you? She can also give instructions to have the house sold and divided up among her children, if that is what she wants. Or she can give the proceeds to whomever she wants. She would discuss this with her will or trust attorney. If the house is sold after her death, then your brother would have to leave when the house is sold. If the house is not sold, but given to someone other than your brother, then that person would eventually be able to remove your brother. Is your mother mentally competent? Does she understand and remember who her natural heirs are, who her children are? Does she know what assets she has? Is she able to travel to an attorneys office? If not, it may be possible to have an interview with her over the phone, or Skype or Zoom or some other method.

She doesn't need a "letter." She needs a will or trust.

When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.

Also there is no requirement that you talk to an attorney in your area. Any attorney licensed in California can help you no matter where you live as long as the issue is in California. The interview would be done by phone, Zoom, Skype, Facetime or some other type online method. Even if the attorney is in your area, many attorneys are only talking to people this way due to the Covid pandemic, so you couldn’t have an interview in their office anyway. Give one of us a call. We are here to help.

A: Your mother can indicate her wishes in her will, a trust or even a lease agreement. However, you must consider that depending on the duration your brother has lived on the property he has acquired certain rights and thus would be entitled to certain notice requirements. We handle landlord/tenant issues in addition to estate planning. To understand your mother's rights and obligations you should contact an attorney to further discuss her specific circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.