QUESTION

Can a trustee have the beneficiary kicked out of a property they inherited?

Asked on Jan 22nd, 2013 on Trusts and Estates - Maryland
More details to this question:
My husband was left a property by his mother and she left his two sisters as the trustees. The sisters are trying to find a way to have him kicked out of the house. Can they do this? Also their names are on the deed, does this mean they own the property?
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1 ANSWER

Bankruptcy Attorney serving San Antonio, TX at Heidi McLeod Law Office
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Shemicka Whether or not the two aunts can get your husband kicked out of the house probably depends (first of all) upon what the trust says, since you said that the property is controlled by "two trustees" (and thus it must be owned by a trust, right?).  So no one can answer your question without more information and a copy of the trust document. And it may be possible to evict your husband from the property if he has failed to perform certain obligations for which he is responsible or if he has used the property to create a nuisance, and probably for other reasons I cannot bring to mind quickly.  I'd need more facts to determine whether (beyond the trust terms) there are other aspects of this situation that would enable the aunts to evict your husband from this property. In addition, if the property is held in a trust and the two aunts are trustees, yes, their names would be listed on title to the property but in their fiduciary capacity as trustees and not as fee owners (i.e. they would not own the property individually, but as trustees).  So, based upon the way you worded your question, I am guessing the your husband "owns" the property only as a beneficiary of a trust (meaning he probably does not own it outright) and that the two aunts are the two trustees of the trust that owns the property, which is held in the trust probably for your husband's benefit.  And whether or not your husband can be "kicked out of the house" depends upon the wording of the trust and the circumstances of the situation. I hope that this quick response answers your question.  If not, please let me know (and also let me know the location of the property).   Cathy Mack cmack@cathymacklaw.com
Answered on Jan 28th, 2013 at 2:42 PM

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