Q: My families property is in a trust created by my dad left to my mom who is still alive. My oldest brother and sister are
co-trustees. I've lived on the property for over 15years and am a named beneficiary of the trust. My brother somehow was able to evict me. The trust was revocable so he very well may have removed me from the trust. I haven't been able to get a copy of it. I just don't understand how he was able to evict me.
A:
Based on the information provided, it seems there may be a few issues at play with regards to your brother being able to evict you from the property that is held in a family trust:
1. If the trust was revocable, and your brother is a co-trustee, then potentially he and your sister could have amended the trust to remove you as a named beneficiary. As a co-trustee, he would have the power to make changes.
2. Even as a named beneficiary, that does not necessarily give you a right to live on or use the trust property. The trustees have discretion in managing the property and distributing it per the trust terms.
3. For you to have been legally evicted, your brother likely had to file an unlawful detainer lawsuit and get a court ordered eviction. This means he represented to the court that you were improperly occupying the property under California law.
4. To understand precisely what happened - you need to review a copy of the trust document and any amendments made. As a beneficiary, you have a right to see an accounting and the terms that apply to you. Your brother must provide this if you formally request it.
I would suggest consulting a California probate attorney. They can help you request and review the trust, confirm if you were improperly removed, and determine if the eviction holds up legally. Getting clarity on the trust specifics will inform any next steps in the situation.
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