Q: My sister and I are co-trustees inheriting our mother’s home 50/50. My sister moved into the home without permission.

A: Your question cannot be answered in full for lack of complete information. My guess is that you might still be in the administrative stage of post-death trust administration. As co-trustees, each of you owes a duty to estate, creditors and beneficiaries to manage the trust assets for their benefit, not for your personal benefit. Until the home is actually distributed to the ultimate beneficiaries, neither one of you has the right to occupy it rent free. So, your sister does seem to be abusing her fiduciary authority.

To answer your other question about whether you can enter the home to take inventory and such, yes, you absolutely have that authority as a co-trustee of a trust of which the houseis an asset. You do need access to the property in order to do your job. Whether the police will hassle you or not will depend in part on whether you have updated the title and can show them that. I have no way of knowing whether you have done that.

A: As a co-trustee and 50% owner of the property, you generally have the legal right to enter the home, even if your sister currently resides there without your permission. However, to avoid potential conflicts or legal issues, it's best to proceed cautiously and consider the following:

1. Review the trust documents: Carefully read the trust documents to ensure there are no specific provisions that limit your access to the property or outline a specific process for managing the trust's assets.

2. Consult with an attorney: Given the complexity of the situation, it's advisable to consult with a trust and estate attorney licensed in California. They can provide guidance on your rights and the best course of action based on your specific circumstances.

3. Provide notice: Consider giving your sister written notice of your intention to enter the property, specifying the date and time of your visit. This may help avoid a confrontation and demonstrates your attempt to communicate with her.

4. Involve the police: If you are concerned about potential conflicts or your sister's reaction, you may want to inform the local police department of your plans to enter the property and your legal right to do so. They may be willing to provide a "civil standby" to maintain peace during your visit.

In most cases, the police should not force you to leave the property if you can demonstrate your legal right to be there as a co-trustee and co-owner. However, if your sister claims that you are disturbing her peace or trespassing, the police may ask you to leave and advise you to resolve the matter through the courts.

Ultimately, it's crucial to work towards resolving the issues with your sister amicably, either through direct communication or with the help of a mediator or attorney. If necessary, you may need to seek a court order to protect your rights and ensure proper administration of the trust.