QUESTION
Can my brother kick me out of my house that my dad left to me and made me trustee?
Asked on Oct 12th, 2013 on Estate Planning - Michigan
11 ANSWERS
Edwin K. Niles
At first sight, I would say that you, as trustee, are in charge.
Answered on Oct 15th, 2013 at 4:52 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, but if you are having a problem, seek the assistance of probate litigation attorney to prevent your brother giving you grief.
Answered on Oct 15th, 2013 at 4:21 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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No ,you may have to go to Probate Court to protect your rights.
Answered on Oct 15th, 2013 at 4:16 AM
Thomas Edward Gates
Need to see what the Trust document says.
Answered on Oct 15th, 2013 at 4:06 AM
2 Awards
More information is needed, but generally he can partition the property if he wants his share and you are unwilling to sell or come to another arrangement with him. Just because you live there and are trustee does not mean you have a superior right over your brother. 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. The content of this message is protected by attorney-client privilege.
Answered on Oct 15th, 2013 at 4:02 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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More information is needed. Why is your brother trying to kick you out? Is the estate/trust otherwise solvent? If you are trustee and the house is in the trust, what basis does your brother have to try to kick you out? What authority does your brother have, in the first place? You probably would benefit from consulting with an attorney.
Answered on Oct 15th, 2013 at 3:51 AM
3 Awards
It depends how the property is titled and what instrument governs the property.
Answered on Oct 15th, 2013 at 2:05 AM
You do not include enough information to provide any advice about this matter.
Answered on Oct 14th, 2013 at 1:56 PM
Your right to possession does not arise from your role as trustee but rather as a beneficiary or not of the trust.
Answered on Oct 14th, 2013 at 1:47 PM
From these limited facts, probably not. Especially if the house is yours.
Answered on Oct 14th, 2013 at 1:46 PM
For proper advice you need to contact an attorney specializing in estate matters.
Answered on Oct 14th, 2013 at 1:46 PM