Brother in law takes over house

[samgal]

i'm from california and my father in law just died. he had a living trust which my husband is the trustee. the only real estate he has is his house and 2001 car. my brother in law has lived in this house for 8 years with his 4 kids without paying rent and sponging off my father in law. How can my husband get him out of the house to sell and get the car that he is driving. Can my husband who is also the executor kick him out or does he have some legal right to the house. Can he do the same thing to the car? How do we deal with this situation? What legal actions can my husband take remove my brother in law from the house.

 

[advisor10]

3-4-2002

DEAR SAMGAL:

Your situation is somewhat complex, and you need to consult with a local probate attorney to find out the law in California.

Is the house mentioned in the trust or in the will?

Is the father-in-law's wife still alive or not?

Does your husband intend to sell the home or rent it out to someone else?

If the house is in the trust or in the will, your husband (as trustee and/or executor) has more control, since the home is an estate asset. He would then have the authority to ask brother-in-law to start paying rent, or (if he wants to sell the home or rent to someone else) evict him (after consulting with a local attorney who knows about eviction law. Strict procedures about eviction must be followed or your husband would be liable to an eviction lawsuit.).

If there was no will, then there is a good chance that the brother-inl-law, along with other siblings (and/or a surviving spouse, if any) would qualify as heirs to the home.

SINCERELY,

advisor