QUESTION
Do I have the legal authority to kick my brother out of house if need be?
Asked on Feb 23rd, 2017 on Estate Planning - Oregon
More details to this question:
My father passed away and made me successor trustee. My mother is still living, but is a gambling addict and so is my grown brother that lives with her and is a felon. My father set up a revocable living trust and placed the title of the home in the trust. He has lived with them for 13 years. An official lease was never created/signed.
1 ANSWER
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Tough one. If your mother wants him out, it might be possible. Given that he has lived there as your mother and father's guest for 13 years (and I'm assuming now that the house was owned only by your father, as trustee of his trust, and that your mother has no position other than as [again assuming] a life beneficiary in the house) and your father left no specific directions regarding occupancy of the house by your brother, then it will be difficult to get him out, if not impossible. It would be necessary to review the trust document to know for sure. Also, if you could show that there is elder financial abuse (brother is taking money from Mom) or worse, physical abuse, then you could seek an elder abuse restraining order against brother which would require that he move. This is one where you'll need assistance from a lawyer, preferably one who works in trust litigation or elder abuse issues.
Answered on May 09th, 2017 at 7:21 PM