QUESTION
Can I force my father to give me half the rental income that is due to me?
Asked on Feb 08th, 2015 on Estate Planning - Oregon
More details to this question:
Hi there! I have a fairly complex issue. My grandmother left me some money when she died to be put in a trust fund in care of my father. As soon as she died he purchased a home with it instead. I have never seen a penny of the money he has made from renting out the house, he has done other things like transferring his other property into my name so he can receive state funding, etc. I know that he will NEVER give me everything that is due to me, but is there anyway I can make him give me half of the rental now? He is 4 years late in turning over the inheritance and I am desperately struggling in poverty and don't know what else to do. Please anyone help you can offer would be so appreciated. I am so desperate to get this settled.
4 ANSWERS
Yes, based on the facts you provided, your father is a trustee and has fiduciary duties to you to follow the terms of the trust. Contact an attorney to make your claims for you. Do so now before further damage is done or the property is dissipated.
Answered on Feb 10th, 2015 at 1:38 PM
What you can do in this case depends entirely upon the specific provisions of your grandmother's Will and/or the language of the trust document. If your father was named as the trustee of her trust, he has an absolute duty to manage and use the funds in the trust for the sole benefit the beneficiaries of the trust (that's you). If he fails to do that (like taking the money given by your grandmother and using it to buy a house in his own name), he would be subject to civil damages which would include all the money he has taken from the trust plus the entire rental income from the house, statutory interest and attorney fees. I suggest that you try to obtain copies of your grandmother's will and the trust document and take them to an attorney for review.
Answered on Feb 10th, 2015 at 12:05 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You may have a valid claim to receive the rental income but it really depends on the specific language of the trust established by your grandmother. You should speak to an attorney to get specific legal advice for your circumstances and to determine whether you should assert a claim to his home and/or other assets.
Answered on Feb 10th, 2015 at 12:05 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It is a complex issue, requiring examination of the trust document your grandmother created and the real property records. One thing, though if your father transferred property into your name, why not sell it? Keep the amount of the proceeds that is equal to what your grandmother left, plus income to date, and give the remainder to your father. The basic answer to your question is to sue your father for a breach of fiduciary duty.
Answered on Feb 10th, 2015 at 11:58 AM