Laguna Woods, CA asked in Probate for California

Q: How to get mother in law out of house after my father has passed away & his trust gave house they were living in to me?

There was an addendum to trust giving her a rental house only and everything else to me.

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

A: If the house is still in the trust, the trustee will need to give her a 60-day notice to vacate (I am assuming she has lived there for more than one year) and treat her like a tenant. If the house has already been transferred to your name, you will be the person to give her the 60-day notice to vacate. Either way, she has rights as a tenant and cannot just be pushed out. I would highly recommend that you speak to the attorney administering the trust if you are the trustee or contact an attorney who practices landlord-tenant law. Best of luck!

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