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What do you do if there’s a person or family member that’s in a property that’s in an estate or a trust and they just won’t leave?

This is a pretty common situation. Let’s say mom or dad passes away and one of the siblings has been living there taking care of them. In order for there to be a distribution, the house needs to be sold. What if that person has decided, for one reason or another that they’re entitled to more than the others and that they are not going to move? In these situations, you may have to go to war by evicting that person. It might be your brother or another close relative, making it very tough.

We always try to go to that person first and offer to help with things like moving costs. But ultimately, it’s the trustee’s job to make sure things move forward and sometimes that does mean doing an eviction. Gaudy Law will handle that.

  • Does transferring a property into a living trust protect me from creditors or lawsuits?

    Unfortunately, transferring a property to a living trust does not protect you. One of the advantages of a living trust is that you can change it. The reason you can […]

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  • What is probate and do I need it?

    What is probate? This is the most common question we get. Probate is three things: it’s a code, it’s a process, and it’s the name of the court. It is […]

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  • Do I need a lawyer if my parents died with a trust?

    My parents passed away with a trust. Do I still need a lawyer? Typically, the answer to that is no thankfully. It can be a long and expensive process to […]

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