My Grandma who is OWNER of house in
CALIFORNIA is dead. She left a trust stating her
House to be sold & money divided equally and
Given to my Aunt and. My Mother. My Mother
Died 8 months ago. My Aunt is alive. The house
Has NOT been sold and now has my Mothers
"boyfriends son" living in it for 2 years now. I
Want to EVICT him and take over residency in
My dead Grandmas house. NOTE: My Aunt who is
Listed in the trust has not done anything yet. As
I being my dead Mothers Son can't I start living
It it for starters? (I need to find a place to live
ASAP!) My Grandma who is OWNER of house in
CALIFORNIA is dead. She left a trust stating her
House to be sold & money divided equally and
Given to my Aunt and. My Mother. My Mother
Died 8 months ago. My Aunt is alive. The house
Has NOT been sold and now has my Mothers
"boyfriends son" living in it for 2 years now. I
Want to EVICT him and take over residency in
My dead Grandmas house. NOTE: My Aunt who is
Listed in the trust has not done anything yet. As
I being my dead Mothers Son can't I start living
It it for starters? (I need to find a place to live
ASAP!)

First of all, do we assume that your mother died after your grandmother?
Also, who is administering the trust, if it is indeed a trust?
Do you have a copy of your grandmother's will? If not, you need to get one.
You can't evict anyone if you don't own the house, and you don't own the house until your mother's will is probated. If your mother didn't leave a will (died intestate), you have to petition the probate court, and that could take months; a minimum of 2 anyway.
Your best action is to talk to your aunt. She has to follow the CA rules of eviction, which can also take months.

Somehow I doubt that there was a trust stating that the house be sold, or it would have been, unless it's been for sale all this time? Was it a will stating that it be sold? Is it for sale? You can't move in anyway if it is to be sold and hasn't been put up for sale.

My mother past after my grandma. I found and
Contacted the attorney who did my grandmad
Trust. He said grandma wanted house sold &
Money split up and given to both my mother &
My aunt. My aunt is alive today and the person
Is living there. The attorney said we would have to talk with my aunt since she is alive and is also in the trust. I am not sure why but I was driving when talking with the attorney and forgot or didn't hear him. I told him I will call her but never did thinking if nothing has been done yet then why would she do something now? Plus we never talked much so & when money & property get involved things can get stickey especially when your not close with that person. I don't understand why I would need to talk to her about what? If its in the trust that house to be sold after grandmas death and it has not happened yet (its been like 4+ years since grandmas death). A few people said to me my aunt can buy the other half since she is still alive.

Please stop replying twice to everything.

We can't help you if you don't even know the answers (you need to answer EVERY one) or won't talk with the one person who has a legitimate claim to the property, your aunt. And can't be bothered to remember what the lawyer said because you were driving. Give us a break!
I'll ask again:
Trust or will?
Was the house put up for sale as specified?
Did your mother leave a will?

Reason for anwering twice was an accident. I am using a cell phone with opera mini web browser wich isn't always perfect due to its java abilities. Sometimes after inputing text in a text field and submitting it I cannot see what I submitted so I thought it was not submitted so the 2nd time I did it I can see what I submitted if you can understand I am some who used the web on a phone are aware of this headache.

My grandma has a trust not a will. And I just read in another forum that it wouldn't say property is to be sold after death but instead would probably say that they one owns one half and the other owns the other half. That most likely answers your 2nd question.. No the house was never put up for sale. And no my mother does not have a will.

Quote:

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Originally Posted by kevin951

...
My grandma has a trust not a will. And I just read in another forum that it wouldnt say property is to be sold after death but instead would probably say that they one owns one half and the other owns the other half. That most likely answers your 2nd question..No the house was never put up for sale. And no my mother does not have a will.

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You need to actually read the trust, instead of asking a lawyer who prepared it years ago to tell you, while you are driving, what he remembers it saying.

I assume your aunt is the trustee (administrator). If, the trust instructs her to sell the house (Again, don't rely upon what someone said in another forum. Read the trust instrument!), and she hasn't taken all reasonable steps to do so, you could petition the court that she be replaced for nonfeasance. If you possibly might want to buy the property from the trust, you wouldn't want to become the trustee.

Your mother died intestate. Therefore you will probably need to file a petition with the probate court that you or someone be appointed personal representative. Your share of her estate depends on who survived your mother (husband, other children, parents, etc.).