Q: In Small Claims Court in Indiana, can a Trustee of an Irrevocable Trust file suit pro-se if the award sought is <$1500?
If real estate has been transferred to a Trust, and the Trustee files for eviction, does he have to be represented by counsel? "Landlord" was never the owner--his wife was. However, a few years ago, wife transferred property into a charitable remainder unitrust, with herself and husband as Trustees, and a charity as remainderman. Among my other defenses, I have Landlord's lack of standing to bring the suit pro se, as a non-laywer Trustee. I can't find a clear answer in the IC, as it only references corporations, partnerships, LLC's etc. Thanks for any advice you can give. (I do not want possession--I paid him all that I owe and was out by the date he specified, but he filed for ejectment/damages 2 days before I moved out and I had no notice of it until copy arrived at my new residence.) I believe he filed the suit in bad faith, and that he will not be willing to spend money to actually hire a lawyer for the small amount he is seeking.
A: The trustee has the right to sue on behalf of the beneficiaries of the trust in a matter concerning the trust property. And they have the right to do it pro se, especially as an eviction in small claims just as you have the right to defend pro se.
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