QUESTION
Can the trustee evict me if I am one of the named beneficiaries on the Trust Agreement that can reside in the property?
Asked on Sep 11th, 2013 on Estate Planning - Michigan
More details to this question:
I was served a writ of possession and was told I had to be out in 1 week. My question is I am one of the named beneficiaries on the Trust Agreement that can reside in the property. No rental contract, can the trustee evict me?
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The trustee would have to file an eviction lawsuit and have you served with a summons. It would take more than a week.
Answered on Nov 01st, 2013 at 7:06 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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That would depend on the provisions of the trust agreement. An attorney should review that for you and determine what your rights are.
Answered on Sep 17th, 2013 at 12:53 AM
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Maybe, you need to have the trust agreement reviewed by counsel. It is possible that the property needs to be sold to pay bills or that the right does not come into fruition until the Trust is settled. Seek counsel. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 13th, 2013 at 3:58 PM
Yes. Protection of trust property and similar issues are within the trustee's discretion.
Answered on Sep 13th, 2013 at 3:57 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Without reviewing the trust document and the writ, proper legal advice cannot be given. Please see an attorney as soon as possible.
Answered on Sep 13th, 2013 at 3:57 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Don't know without looking at the trust agreement. You need to take the agreement to an attorney for review.
Answered on Sep 13th, 2013 at 3:57 PM
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If you are only one of the beneficiaries, and the trust does not SPECIFICALLY say you can stay there, then yes the trustee can evict you. The trustee has a duty to serve ALL beneficiaries equally and you staying there is an advantage over the others. I assume the trustee will sell the property and distribute the proceeds to the beneficiaries which is how it should be. If you can afford it, buy out the others share in the property and then you can stay. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answered on Sep 13th, 2013 at 3:57 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It depends on the wording of the trust agreement. You used the term "writ of possession," which makes me think you may not be in Oregon. This will be state-law specific. If the trust says you can reside in the property, then it seems to me that the trustee is in breach of his or her duties. However, if you are just a general beneficiary of the trust, without specific authority to reside in the property, then the trustee does have general power to make decisions concerning how property is to be applied to benefit the trust.
Answered on Sep 13th, 2013 at 3:57 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The trustee may be able to evict you. It certainly cannot be done in one week. The eviction process would normally take about 6 weeks. You may have options, but you need to consult with an attorney right away, to determine what they are.
Answered on Sep 13th, 2013 at 3:56 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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How did the trustee obtain a Writ of Possession without you knowing about the Writ proceeding and having an opportunity to oppose the hearing for the writ of Possession? You need the assistance of a probate litigation counsel immediately.
Answered on Sep 13th, 2013 at 3:56 PM