Can my trustee make me move?

UPDATED: Oct 1, 2022

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Can my trustee make me move?

I’ve lived on this property for 12 years. My dad died and his caretaker hired a trustee who has neglected

to answer my calls and who has done illegal things. Now I’m to appear in court but can’t afford an


Asked on January 3, 2019 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a trustee can make you move (assuming the trust owns the home/property) unless the terms of the trust--the instructions in the trust, for how to manage it, etc.--state that you have the right to live there. Otherwise, since you are not an owner of the property (the trust is), you can be required to leave it by the owner (the trust), acting through its representative or manager (the trustee). There is simply no right to live in property owner by another, no matter how long you lived there. They have to go through the court system to remove you, which can take several weeks, but they will be able to get you out.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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