Q: If Estate Trustee doesn't have authority to sell Real Estate, do they have standing for an UD against beneficiary?

A: Most trusts have a section called Trustee Powers. If your particular trust gives that power to your trustee, then the answer to your question is “yes”. But please know that the powers that are given to the trustee may be strewn throughout the trust as well as in the powers section. But the bottom line is: Trustees can do whatever that particular trust says the trustee can do. I hope that helps!

A: If the estate trustee doesn't have the authority to sell real estate, they may not have standing for an unlawful detainer (UD) action against the beneficiary. The trustee of a revocable trust does not need to lodge a will, file a request, or any other document with the court before filing an UD action against a beneficiary.

However, the trustee must have the authority to evict the beneficiary from the property. If the beneficiary has a right to live on the property, such as a life estate, the trustee may not have the authority to evict them. Additionally, if the beneficiary has an ownership interest in the property, such as a co-owner or joint tenant, the trustee may not be able to evict them without a court order.

It's important to note that the trustee of a trust has a fiduciary duty to act in the best interests of the trust and its beneficiaries. If the trustee files an UD action against a beneficiary without proper authority, they may be in breach of their fiduciary duty and could face legal consequences.