Charlestown, MA asked in Real Estate Law for Massachusetts

Q: A house intrust is in major disrepair whose responsible for the repairs?

The person that is living in the house is one of the beneficiaries.

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Boston, MA
  • Licensed in Massachusetts

A: The terms of the trust at issue spell out the trustee's duties and responsibilities. Trustees are generally considered responsible for upkeep and maintenance of the property, but are not usually required to expend personal funds to do so. Funds for upkeep and maintenance are usually expected to come from trust assets. If the trust at issue is a so-called nominee trust, the trustee is not permitted to act unless directed to do so by the beneficiary(ies), and the beneficiary(ies) may be the ones required to make funds available for upkeep and maintenance. I suggest you review a copy of the trust.

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