What Are My Rights as Executor and Trustee?

by LARRY HELLER
(MODESTO CA. USA)

MY MOTHER PASSED LEAVING MY BROTHER AND I SOLE BENEFICIARIES, I'M THE EXECUTOR AND TRUSTEE OF THE WILL, CAN I MAKE MY MOM'S BOYFRIEND VACATE THE HOUSE? HE AND HIS KIDS ARE REMOVING EVERYTHING INSIDE THE HOUSE. WHAT ARE MY RIGHTS AS EXECUTOR AND TRUSTEE OF WILL AND HOUSE? IT'S A LIVING TRUST...

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Jun 24, 2010
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by: Mo Johnson

Hi Larry, it certainly sounds like you (as trustee of the living will and/or executor of the will) have authority to handle disposition of the house in a manner that you reasonably believe best complies with the wishes of your mother as expressed in her living will or regular will (whichever controls the disposition of the house). So, you should be able to require the boyfriend to move.

Now, how best to accomplish that as a practical matter is a different issue. Without knowing all the details of the relationships, that's hard for me to answer. I suppose I'd recommend talking to him first to see if he's willing to move agreeably.

Ultimately, you can get a court order to evict him but you will probably need to consult with a local attorney about how to do that.

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