Can the trustee evict me if I am one of the named beneficiaries on the Trust Agreement that can reside in the property? 14 Answers as of November 01, 2013

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?

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Law Office of Thomas C. Phipps | Thomas C Phipps
The trustee would have to file an eviction lawsuit and have you served with a summons. It would take more than a week.
Answer Applies to: Missouri
Replied: 11/1/2013
Christine Sabio Socrates Attorney at Law | Christine Socrates
That would depend on the provisions of the trust agreement. An attorney should review that for you and determine what your rights are.
Answer Applies to: Ohio
Replied: 9/17/2013
Danville Law Group | Scott Jordan
Unlikely, if you really have residence rights. However, to be properly advised, you should schedule an appointment with a local probate attorney and let him/her review the trust to advise you on your rights.
Answer Applies to: California
Replied: 9/13/2013
The Law Offices of Juliet Gavriel
The Law Offices of Juliet Gavriel | Juliet Gavriel
Technically, yes. However, you must consult with an attorney to better understand the terms of the trust to get a more clear picture.
Answer Applies to: New York
Replied: 9/12/2013
Frederick & Frederick PLC | James P Frederick
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.
Answer Applies to: Michigan
Replied: 9/13/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 9/13/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the trust instrument declares that the trustee can determine why, whom or whenever to evict a tenant out of the property, then yes you can be evicted. You would have to consult the trust itself.
    Answer Applies to: Florida
    Replied: 9/13/2013
    James Law Group
    James Law Group | Christine James
    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.
    Answer Applies to: California
    Replied: 9/13/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    You have to look at the trust agreement. Does it specifically state that you are allowed to live there rent free during the administration of the Trust? If not, the Trustee has an obligation to ALL trust beneficiaries to make trust assets productive (i.e. generate rent income). Even if you are a trust beneficiary, it does not automatically give the right to live in the property rent free. Perhaps you could offer to pay fair market rent so that you can stay in the property? Are they evicting you so that the Trustee can sell the property? If so, the Trustee has the authority to do that, assuming the Trust agreement states the Trustee has the authority to sell Trust property.
    Answer Applies to: California
    Replied: 9/13/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Yes. Protection of trust property and similar issues are within the trustee's discretion.
    Answer Applies to: Colorado
    Replied: 9/13/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 9/13/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Without reviewing the trust document and the writ, proper legal advice cannot be given. Please see an attorney as soon as possible.
    Answer Applies to: Missouri
    Replied: 9/13/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Don't know without looking at the trust agreement. You need to take the agreement to an attorney for review.
    Answer Applies to: Idaho
    Replied: 9/13/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 9/13/2013
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