If athe home I live in is in a Trust and it goes to my stepchildren, how long after my spouse’s death do I have before I have to be out?

Asked on June 30, 2017 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no way to answer in generalities or the abstract. Rather, the answer depends on 1) the exact terms of the trust, since those must be honored or obeyed; and 2) the decision of the trustee(s), since while they have to obey the terms of the trust, typically have at least some discretion or freedom in how they do so--e.g. if they are supposed to sell the house and turn the proceeds over to the stepchildren, but no hard-and-fast date or time period is set in the trust for how long they have to this, the trustee(s) can decide to do it now, in a few weeks, possibly next year, etc. Have an attorney review the exact terms of the trust with you to understand better your rights under it.

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