Estate Law Questions? Ask an Estate Lawyer.
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The trustees of the trust only have legal title, not beneficial/equitable title. Who are the beneficiaries of the trust under the trust terms?
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.
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.
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.
This trust can be revoked
Per the trust we both have the right to revoke the trust in whole or in part as trustees.
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.
Back to square one!
Yep. Sorry about that. You have options, but it's going to take local attorney involvement to get anything done.
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