QUESTION
Can a name be removed from a trust without notifying the person on the trust?
Asked on Jul 17th, 2013 on Estate Planning - Michigan
More details to this question:
My sister is trying to kick me out of a house that is in a family trust that I am on. Can she take me off the family trust and kick me out of a home that is also in the trust?
12 ANSWERS
You have to look at the Trust documents to see what can and can not be done. The usual answer would be that she can not kick you out of the Trust, but you have to read the Trust papers.
Answered on Jul 18th, 2013 at 3:48 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Is your sister the trustee of the trust? If not, she has no authority, legal or otherwise. Only the trustee/trustor has authority to modify the provisions of the trust; in the event settler/ trustor is deceased, then the trustee in power, the designated trustee, must have authority by the trust provisions, or a court order to amend the terms of the trust, but cannot affect beneficiary rights; but the trustee can charge rent for use of assets of the trust.
Answered on Jul 18th, 2013 at 3:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is possible that you could be "kicked out" of a trust property even if you are a beneficiary of the trust. Are you renting from the trust? If you are in Michigan please call my office to engage us and with details.
Answered on Jul 18th, 2013 at 3:47 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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She cannot take you out of the trust ..as a beneficiary but In all fairness if you are not paying the expenses and it must be sold and the proceeds split between several beneficiaries..she might be able to kick you out of the house if the trust owns it.. It depends upon what the terms of the trust are..
Answered on Jul 18th, 2013 at 3:46 AM
No answer can be provided without a review of all the documents, including the trust document and the relevant facts.
Answered on Jul 18th, 2013 at 3:46 AM
3 Awards
Hard to say, you need to have the trust reviewed by an attorney.
Answered on Jul 18th, 2013 at 3:46 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends on the terms f the trust. You should get a copy and have an attorney review it.
Answered on Jul 18th, 2013 at 3:45 AM
Thomas Edward Gates
She cannot take you out of the Trust. She, as Trustee, can make you pay rent to cover the costs of insurance, property tax, and maintenance.
Answered on Jul 18th, 2013 at 3:45 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It depends on if trust is revocable or irrevocable and if your sister is the trustor/grantor. IT also depends on the provisions of the Trust.
Answered on Jul 18th, 2013 at 3:44 AM
2 Awards
More information is needed. If she is not a grantor she cannot change the trust. If she is the trustee, she can evict you by going to court and filing an unlawful detainer action against you. If she is neither, she has no say.
Answered on Jul 18th, 2013 at 3:44 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe. Is your sister the settler, or grantor, of the trust? Or is she just trustee? If she is trustee, does the trust specifically say that you can live in this house? Or does it give the trustee discretion to decide? In order to really answer your question, your lawyer will need to review the terms of the trust.
Answered on Jul 17th, 2013 at 10:22 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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More information is needed. Is it your sister's trust? On what basis is she trying to remove you? It sounds like you need an attorney to help you defend your inheritance.
Answered on Jul 17th, 2013 at 8:59 PM