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Can my mothers trust keep my husband from livin with me?

1 Answers. Asked on Feb 18th, 2017 on Trusts and Estates - California
More details to this question:
I lived with and cared for my mother until her death in Dec 2015. I am living in the house still and paying mortgage taxes insurance. The house is in trust and I have 3-5 years to buy it or sell it. The trust document states nobody can live with me including my husband. Can the trustee evict me if my husband lives with me? We have a son also. I know my mom didn't write this trust but shes gone now.
Answers Showing 1 out of 1
Ms. Maryellen Sullivan, Esq. at Law Office of Mark Standen, LLC
Licenced in ME
Answered on Feb 19th, 2017 at 6:04 PM

Some of the answers depend on the specific language of the trust.  The trustee is bound to follow the language of the trust, but may not break the law along the way.  I do not think that a trustee would be successful in an eviction action based on your living with your husband and son.  You have a legal right to live with them.  


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