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Mom’s Trust

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Knowknowledge

New member
What is the name of your state? California.

My mom had requested that her personal residence continue to remain in Trust for the use of my brother & sister for their lifetimes and they shall both be responsible for property taxes, insurance, utilities, assessments, repairs and maintenance for the property as long as they live there and if either dies or leaves then the other is reponsible. If they fail to keep the expenses current, the trustee has the option to request rent from them to pay the expenses or evicting them if rent isn’t paid within a reasonable time.

For two and a half years they had not paid all the bills but had roommates paying them (per atty I sent reminders, I even helped pay when asked) so after giving notice that I would be charging rent of $1000.00 a mth and I would be paying all bills associated to the house a year went by with nothing for rent and me paying I asked the atty & property mgr is this a reasonable amt of time with no rent received and was told yes and so we went to court for eviction. The Judge did not let the trial go on as a landlord tenant issue due to my sisters constant outbursts in court, her crying, yelling even going up to the Judges area (Judge theatened her) my sister appeared to me to be doped up but maybe to the Judge she seemed disabled because the Judge let the matter at hand turn into a circus act and the main act was my sister going on and on about the Will/Trust. Anyway the outcome was no eviction with the Judge excluding the past but said my sister must pay the property taxes, insurance, utilities otherwise she will see us back in court. Now it is 6 mths going on 7 and my sister made a partial pymt to insurance but let the rest lapse. She phoned and left me a msg that it’s important about insurance being cancelled and she was paying the taxes so didn’t have the rest of the insurance $. I reinstated the ins and told her she could pay it back by 1/31/2019 she first agreed but then said she would pay back mthly and now says she wants all her $ refunded (less than $200) and refuses to pay me back. Can I take her back to court (as the Judge said) for eviction due to nonpayment or what ? Thank you in advance for the help!
 


LdiJ

Senior Member
What is the name of your state? California.

My mom had requested that her personal residence continue to remain in Trust for the use of my brother & sister for their lifetimes and they shall both be responsible for property taxes, insurance, utilities, assessments, repairs and maintenance for the property as long as they live there and if either dies or leaves then the other is reponsible. If they fail to keep the expenses current, the trustee has the option to request rent from them to pay the expenses or evicting them if rent isn’t paid within a reasonable time.

For two and a half years they had not paid all the bills but had roommates paying them (per atty I sent reminders, I even helped pay when asked) so after giving notice that I would be charging rent of $1000.00 a mth and I would be paying all bills associated to the house a year went by with nothing for rent and me paying I asked the atty & property mgr is this a reasonable amt of time with no rent received and was told yes and so we went to court for eviction. The Judge did not let the trial go on as a landlord tenant issue due to my sisters constant outbursts in court, her crying, yelling even going up to the Judges area (Judge theatened her) my sister appeared to me to be doped up but maybe to the Judge she seemed disabled because the Judge let the matter at hand turn into a circus act and the main act was my sister going on and on about the Will/Trust. Anyway the outcome was no eviction with the Judge excluding the past but said my sister must pay the property taxes, insurance, utilities otherwise she will see us back in court. Now it is 6 mths going on 7 and my sister made a partial pymt to insurance but let the rest lapse. She phoned and left me a msg that it’s important about insurance being cancelled and she was paying the taxes so didn’t have the rest of the insurance $. I reinstated the ins and told her she could pay it back by 1/31/2019 she first agreed but then said she would pay back mthly and now says she wants all her $ refunded (less than $200) and refuses to pay me back. Can I take her back to court (as the Judge said) for eviction due to nonpayment or what ? Thank you in advance for the help!
I would. I would continue to take her back to court until she either decides to move out or gets her head on straight.
 

Knowknowledge

New member
I would. I would continue to take her back to court until she either decides to move out or gets her head on straight.
Seems like I have no choice, thx.
Just wondering if there is anything in the probate court that helps protect the Trustee from harassing phone calls at all hours of the night and day ?
 

Zigner

Senior Member, Non-Attorney
Seems like I have no choice, thx.
Just wondering if there is anything in the probate court that helps protect the Trustee from harassing phone calls at all hours of the night and day ?
Nope - but you could turn your ringer off ;)
My phone allows me to "mute" certain numbers...or I can assign different ringers to different phone numbers.
 

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