Q: My father died in a car accident in August, disinherited my brother and I in his will..
He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place we were living in February and since I had a key to my dads house (and the executor knew this and previously let me come down on weekends to stay) and we had nowhere else to go we brought our belongings here until we found somewhere to go. We are also trying to buy this house with a USDA home loan. We hadn’t paid the mortgage because I thought my dad had an account that was set up to pay it for a while, but it hasn’t been paid since November I think. The executor took us to court this past Tuesday and we are evicted and supposed to be out of the house by Monday with nowhere to go. Is there anything I can do at all? Please help. There was no landlord-tenant agreement.
A: If you can't work it out with executor to get a delay, then make arrangements to move elsewhere or the sheriff can come on Monday with the executor's moving crew to remove all your belongings out to the curb.
Todd B. Kotler agrees with this answer
A: You did not state whether there was a landlord tenant agreement with the executor/trustee. By the context of what you stated it sounds like if there were you were in breach.
A:
In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney experienced in estate and trust law in Ohio is advisable. They can provide guidance on any immediate steps you can take to address the eviction, such as filing an emergency motion in court, if applicable, and exploring your rights and options regarding the property and the trust.
Additionally, considering there was no formal landlord-tenant agreement between you and the estate or trustee, the legal grounds for eviction might need to be closely examined. An attorney can help determine if the eviction process was carried out correctly according to Ohio law and whether there are any grounds for appeal or negotiation with the executor for more time or alternative arrangements.
Finally, regarding the intention to purchase the house with a USDA home loan, this goal adds another layer to your situation that requires careful planning and legal support. It's important to address the current eviction and housing stability issue first, but don't lose sight of your long-term goal. A legal advisor can also assist in navigating the process of purchasing the home from the trust, ensuring it aligns with your father's wishes and the best interests of your children.
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