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Dee2013

trust

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I live with a women who has a trust, her husband died in 2005 and the son who was my friend died suddenly in 2009 while I was friendly with him I became close to his mom for over 3 years. When the son died she had no one I was coming over taking her where ever she needed to go and whatever, I started working close by to her home she ask me to move in because I was always here any way. I have been living here now since 2010 what I want to know is God forbid anything happens to her can anyone come in and just throw me out because I am not family? She has a brother in California and other family but no one comes to see her or calls. I heard,whoever can just put me out and I would need to prove everything that is mine. I want to make a list with my things I ask her if she would mine and she would have to have it  notirized she said if it would let me feel better but no one will come. I am responsible if anything happens she says just call ****** its all taken care of, they will pick her up. What would be the best thing to do in this situation?

Edited by FindLaw_AHK
This post has been edited to remove personal or identifying information. -Moderator

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Ask her if she has made out a last will and testament so that there will be a record of what her true wishes are.  Is her house paid for?  Would she want you to continue living there after she dies?

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I have been living here now since 2010 what I want to know is God forbid anything happens to her can anyone come in and just throw me out because I am not family?

 

I assume you're talking about when she dies (death is a matter of when, not if).  Only the executor of the woman's estate (or the successor trustee under the terms of the trust, depending on how things are set up) could legally "throw [you] out."  However, while you might not have any sort of lease or even an express arrangement with the woman with whom you're living, you are a tenant and have rights as such.  In order to kick you out, the executor or trustee would first have to give you whatever notice is required under your unidentified state's laws.  You said the woman has a brother in California, but it's not clear if that's where you are living (if you're in California, you're entitled to either 60 or 30 days' notice depending on whether you've lived there for more or less than a year).  By the way, that you are "not family" is irrelevant to this question.

 

 

 

I heard,whoever can just put me out and I would need to prove everything that is mine.

 

From whom did you hear this?  What does "just put me out" mean?  While there is always the possibility that something screwy could happen, as I said previously, you have the rights of a tenant and would have to be given notice.  You'll have the opportunity to take your stuff with you.  If someone disputes what belongs to you, that person would have to take the matter to court.

 

 

 

I want to make a list with my things I ask her if she would mine and she would have to have it  notirized she said if it would let me feel better but no one will come.

 

Sorry, but this is fairly incoherent, so I'm not sure what you're asking.  The purpose of notarization is to provide evidence that a signature on a particular document is genuine.  Many people mistakenly believe that having a document notarized lends some sort of legal seal of approval to the document and its contents.  Not sure if that's what you're getting at.  It certainly would be a good idea for you to document what belongs to you and get the woman to sign off on it.

 

 

 

I am responsible if anything happens

 

Huh?

 

 

 

What would be the best thing to do in this situation?

 

A couple of things to consider:  (1) a written lease; (2) documention of your ownership of anything of value in the home that belongs to you; and (3) powers of attorney in the event that the woman would want you to care for her if she becomes seriously ill and/or mentally incompetent.  With respect to the previous response, her estate planning is her business, not yours.  By all means encourage her to have her estate planning documents reviewed by a competent attorney, but you should otherwise not interject yourself into the mix.  If, in fact, she wants to leave you something, the more you stay out of the estate planning process, the less likely that any family member would mount a successful challenge based on undue influence.

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