San Rafael, CA asked in Estate Planning for California

Q: My sibling has moved in with my elderly mother. She would like something stated in her trust that he has to vacate the

property after her passing. He does not pay rent or have a lease. Can I do this without paying a lawyer. Funds are tight. Thanks

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1 Lawyer Answer
Shawna Murray
Shawna Murray
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in California

A: Revising/amending a trust without the legal advice of an attorney is not advisable. Even if the trust is amended, you should note that your sibling may still overstay his or her welcome. The successor trustee may have to file an eviction case to get the sibling out. Even relatives living for free in your home have the same rights as tenants who pay rent.

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