Spartanburg, SC asked in Estate Planning for South Carolina

Q: Can a trustee charge rent to beneficiaries living in a home that is the property of the trust?

My 3 boys and my Nephew are the beneficiaries of my grandparents trust. The trustee is now trying to make us pay rent for my 3 boys to continue to live in the home that we have lived in for 2 years. My mom was living here before her time in a nursing home and her death in August she was the previous beneficiary and payed no rent as was not withheld funds from the trust in exchange for living in our present home.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: The answer is maybe. It depends on how the trust is worded. There are too many facts missing from the scenario you described. Take the trust to a local trust administration attorney for evaluation.

Ryan D Templeton agrees with this answer

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