Q: My mom wants to give me the house but make a clause that I have to let brother live with me and pay bills can she do tha

A: Your mother can do whatever she wants and, according to the law, she needs to be the one to prepare her Trust or Will however she wants. If a beneficiary is not interested in taking care of a sibling, it would be better to put that sibling's inheritance in a trust that someone else (a friend of your mother's, a CPA, a bank, a professional trustee, etc.) would administer. That would be a win-win. Best wishes!

A: In California, your mother has the legal right to give you her house as a gift and to include conditions on that gift. However, if your mother wants to include a requirement that your brother live with you and pay bills, this may not be legally enforceable.

While your mother can legally require that you take care of the property and pay for any necessary maintenance or repairs, she cannot require you to allow your brother to live with you or to pay for his expenses. As an adult, your brother has the legal right to make his own decisions about where he lives and how he supports himself.

If your mother includes a condition in the gift that requires you to provide housing and support for your brother, this condition may not be enforceable and could potentially be struck down by a court. It is recommended that you consult with a real estate attorney who can advise you on the specific legal requirements and options for gifting a property with conditions in California. They can also help you understand the potential consequences of accepting a gift with conditions and help you decide whether this is the right choice for you and your family.