As beneficiaries to the estate who are not living in the home, do we have any rights as to who can stay at the location?
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As beneficiaries to the estate who are not living in the home, do we have any rights as to who can stay at the location?
My father had passed a few weeks ago. Prior to his passing, he put his home into a trust, naming myself, my sister and our two kids beneficiaries to the estate. 40, 40, 10, 10 split, respectively. At this time, my sister is residing in the home until we are able to settle the estate. She now wants to have visitors in the home that my son and I do not approve of. Do we have any rights to not allow this person into the home?
Asked on August 7, 2012 under Estate Planning, Illinois
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This all depends on the trustee. You have named the beneficiaries but who is the trustee? The trustee has a fiduciary responsibility to ensure the purpose of the trust is acted out and completed. Here, you have named beneficiaries but the home appears to be in the trust's name. If it is, then only the trustee has the final say about the individuals who can live there and may need to bring actions in court to prevent them from being onsite but the reasons have to be about healtth and safety and not simply because of dislike.
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