Can my sister be removed from our late father’s’ home by his trustee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my sister be removed from our late father’s’ home by his trustee?
My father had a Living Trust for several years naming myself and my sister as co-successor trustees. My sister has admittedly lived with him for over 10 years and is still living there but has not provided financial support such as paying rent, utilities, etc. My dad went to stay with my brother, who he hadn’t seen but twice in 10 years, prior to his passing away. He was there only about 1 month before he went into the hospital. In that brief period, he had a new Living Trust written naming my brother as Successor Trustee. My brother is refusing to give us a copy of it. My brother states that he is going to have my sister removed from dad’s house immediately. She has no money and nowhere to go, can he do that? The house is part of the Trust.
Asked on February 14, 2017 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Legally, if he is the trustee, he has the authority to do this: the trustee has the same authority over a home as the owner would have, and the owner could require a guest--someone who is neither a co-owner nor a rent-paying tenant--to leave at any time. Therefore, if he is actually the trustee, he can do this.
You write that there has been no proof presented that he is trustee. If your sister doubts the legality of the trust or his authority, she can refuse to go; he would then have to bring a legal action to remove her; and in that action, he will have to prove the existence of the trust and his authority under it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.