Has my brother the right to evict me and do I have rights as a co-trustee in deciding the fate of the property? 10 Answers as of April 02, 2014

I have been living on my mother's estate for the last 20 years in a separate house belonging to the estate. My mother was 96 when she died and I was her caregiver in the remaining years of her life. In the last two years of her life I had to move in to her house to take care of her. I have one brother, who is a co-trustee along with myself as co-trustee. Both my brother and I have inherited the estate. My brother who lives elsewhere, had nothing to do with my mother's affairs when she was alive. Both my brother and myself were given half of the property, thus my brother is telling me that I have to vacate the property when he sells the house! I do not want to give up my home that I have cared for and maintained for the last twenty years. The estate is fully paid for.

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Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
You and your brother need to come to an agreement here. As co-trustee, you have rights to manage the property (along with your brother), but you also have responsibilities to your brother as a beneficiary. This means that you should probably be paying fair market value rent to the trust. While you may have a claim against the trust for the care and upkeep of the house (that remains unclear), that does not increase your right to stay in the home. You probably need to meet with a lawyer who handles probate and trust litigation to help you resolve this dispute and get a better understanding of your rights under the trust agreement. A standoff here with your brother will only make things worse, and will force you to go to court for a resolution.
Answer Applies to: California
Replied: 4/2/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Sounds like you need an attorney to mediate between you and your brother. Maybe you will need to buy him out!?
Answer Applies to: California
Replied: 4/2/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
What does the trust document say? If it says you each get half, then you better buy him out or plan to move. Or maybe he can get other assets while you get the house.
Answer Applies to: California
Replied: 4/2/2014
Strowbridge Blaisdel Richardson | Strowbridge Richardson
You and your brother are co-trustees? You have equal rights. YOU have the right to buy out your brother. Contact a trust / probate attorney. You are going to need help. Is there anything in the trust that prohibits you from purchasing the property? You should file a claim on your mothers estate for being the care giver for the last years. It may offset a lot of the cost of the property when you negotiate the purchase of your brother's share.
Answer Applies to: California
Replied: 4/2/2014
James Law Group
James Law Group | Christine James
Don't waste time on internet sites and get a lawyer. You can keep it if you buy your brother out. He has no right to sell it to a third party if you are willing to buy him out.
Answer Applies to: California
Replied: 4/2/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Suggest you obtain the services of a probate/trust litigation lawyer to assist you in carrying out the terms of the trust as your mother wanted. The attorney will file a petition to partition the property, meaning sell the property, at which you can buy your brother out at one half the appraised value. Obtain an FHA appraisal to determine the value. During your occupancy, you will owe the trust one half the value of the monthly rent since you are occupying the house.
    Answer Applies to: California
    Replied: 4/2/2014
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    You should talk with a local trusts & estates lawyer about your situation right away. Your question cannot be answered without looking at the trust documents and the deed to the house.
    Answer Applies to: California
    Replied: 4/2/2014
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    Co-trustees have to both agree to take action. If you don't agree, one of you can petition the court for an order which would settle the issue.
    Answer Applies to: Arizona
    Replied: 4/1/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Not an uncommon problem. He can force a sale, so you should explore ways to buy his share from him. The property will be appraised in the administration, so you can use that figure as a starting point. You could consider filing a claim for your services in caring for Mom, but please discuss that idea with a knowledgeable lawyer as you might trigger the presumption that a caregiver is presumed to have used undue influence. It probably wouldn't fly anyway without a contract of some sort. Otherwise, do you have sufficient assets with which to buy him out (either personally or in the estate)?
    Answer Applies to: California
    Replied: 4/1/2014
    Danville Law Group | Scott Jordan
    What state are you located in? The answer will depend first on your state.
    Answer Applies to: California
    Replied: 4/1/2014
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