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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
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Experience:  Wills, Trusts, Probate & other Estate Matters
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There are 2 trustees on this property, I am one of the trustees.

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There are 2 trustees on this property, I am one of the trustees. I also have the mortgage in my name and pay for all mortgage, insurance and taxes. Both trustees and listed as owners on the title in trust. The other trustee wants to keep a RV on the property and pay no rent. My feeling is as I pay all the payments for the property I should have access all the land. If the other trustee wants to keep a RV on the property this trustee should pay rent for the space. Am I wrong?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Thomas McJD replied 1 year ago.

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

 

The trustees of the trust only have legal title, not beneficial/equitable title. Who are the beneficiaries of the trust under the trust terms?

Customer: replied 1 year ago.

The benneficiary's on the trust are my son and her daughter. Let me be clear the other trustee (she) used to live with me. When she moved out she stopped paying for her share of the mortgage which then was in both of our names. After she stopped paying, I refinanced the house in my name only to get full tax advantage for me only. I realize being on the title she full right to come on the propertyhowever, since she is not paying for any part of the property she should not have the right to use the property for storage without paying for it.

Expert:  Thomas McJD replied 1 year ago.

But she's not on title in the traditional sense (based on the facts you've presented).

 

If she is on title only as trustee of a trust, then she is not an regular owner entitled to enjoyment of the property. A trustee only holds legal title. Legal title is only record ownership. The beneficiaries of the trust hold equitable title -- the right to the enjoyment of the property.

 

Unless the trust instrument grants to her, as beneficiary, the right to receive some benefit from the property -- then she has no right to park an RV there.

Customer: replied 1 year ago.

So, again to be clear. The trust does in the event of my death give her full rights to the property but must maintain all financial and property issues. From what you say, as long as I am on this property and not her she will not be able to keep a RV here since she is a simple trustee of the trust of which is recorded in both our names for the trust.


 


Just want to be sure to now I agree with you and want to thank you for your opinion with goes along with mine.

Expert:  Thomas McJD replied 1 year ago.
Is this a revocable trust or an irrevocable trust? If it's a revocable trust, is she a settlor of the trust that has authority to modify, amend, revoke or terminate the trust?
Customer: replied 1 year ago.

This trust can be revoked

Expert:  Thomas McJD replied 1 year ago.
Okay, but by whom? Does she have that authority as well?
Customer: replied 1 year ago.

Per the trust we both have the right to revoke the trust in whole or in part as trustees.

Expert:  Thomas McJD replied 1 year ago.

That changes things drastically. Since she has the authority to revoke the trust, then she does have an interest in the property. As such, she has the right to enjoy part of the benefits of the property as well -- even if she hasn't been paying part of the expenses.

 

However, you would have the right to sue her for reimbursement for her part of the expenses. In other words, you still have leverage to either make her reimburse you -- so she can use part of the property, or to make her go away because she's not willing to do what she is legally obligated to do.

 

Your best bet right now is to retain your own attorney that can help you protect your rights. www.martindale.com is a website I often use for locating attorneys for assistance with out of state matters. You'll be able to find someone in your area. You should retain someone that practices estate law and is familiar with trusts and real property.

Customer: replied 1 year ago.

Back to square one!

Expert:  Thomas McJD replied 1 year ago.

Yep. Sorry about that. You have options, but it's going to take local attorney involvement to get anything done.

 

Please let me know if I can be of further assistance. If not, please don't forget to rate my answer so I can receive credit for my work. Thanks.

Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6513
Experience: Wills, Trusts, Probate & other Estate Matters
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