Record title should govern. The last recorded deed in the chain of title will tell who or what entity owns the property. Assuming the trust instrument doesn't specify that the trust assets are to be distributed outright to your dad, and that the trustee of the trust is currently in title, your dad had no right to lease the property individually nor to receive the rents. You will need to evict the tenant if the tenant will not recognize that you are the trustee of the trust which owns the property. And you could also sue your dad for converting assets not owned by him, or for breaching his fiduciary duties as trustee (while he was serving).
Answered on May 02nd, 2013 at 7:25 PM