Q: My sibling is living in a house that is part of my parents trust. There are several beneficiaries. Can I remove him?
As a trustee, I need to distribute the property equally. He is one of the beneficiaries but he unable to buy out the others' share of the property. As a trustee, can I evict him to be able to sell the property and equally distribute the proceeds to each of the beneficiaries? He used to pay rent to our parents but at one point stopped and has since refused to pay rent to the trust. I have been tracking the amount he owes to subtract from his share at distribution. As far as I know, he has not paid for any repairs or maintenance on the property and the trust recently paid for a new roof.
A:
As a trustee, your primary obligation is to manage the trust's assets in the best interest of all beneficiaries, following the terms of the trust. If the trust's goal is to distribute the property equally and your sibling, a beneficiary, is living in the house without contributing to its expenses, you may have grounds to take action.
Since your sibling has stopped paying rent and isn't contributing to maintenance or repairs, this could be impacting the value of the trust's assets and the equitable distribution to other beneficiaries. In this situation, evicting him to sell the property and distribute the proceeds among all beneficiaries could be seen as aligning with your duties as trustee.
However, the process must be handled legally and in accordance with the trust's terms and relevant state laws. It's often wise to consult with a legal professional to ensure that any actions you take, such as eviction or sale of the property, are legally sound and in line with your responsibilities as trustee. They can guide you on the appropriate steps to take, considering the trust's terms and the legal rights of all involved parties. Remember, as a trustee, your actions should always aim to uphold the trust's terms and protect the interests of all beneficiaries.
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