Estate Law Questions? Ask an Estate Lawyer.
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I am sorry to hear about your situation. If a house is titled in the the name of the trust and not each child a joint tenants or tenants in common, the trustee or co-trustee's have the authority to evict a person living there that is not paying rent and causing waste.
If title is not vested in each child and each are merely beneficiaries of the trust, a beneficiary does not (unless granted by the trust agreement which would be rare) have a right to reside in the premises while creating waste. The brother could be held liable for causing the waste regardless as could all the siblings and the executors/trustees for allowing the occupants to cause waste to the property.
An option the trustee's have in this case is to treat the brother as a tenant and deliver him a notice to quit for non-payment of rent. If he doesn't leave the premises you will need to bring a forcible entry detainer action to forcibly evict him from the premises and to remove the property.
Another option would be to have the brother declared incompetent and by assigned as his parent guardian thereby giving you legal authority to move him out of the premises. This is not a popular option nor an inexpensive and time efficient method, but it is an option.
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Thank youThis is helpful. Just to clarify the first part you say if the house is titled to the trust and not each child... then follow with... if the title is not vested to each child, and each are beneficiaries. isn't that the same thing? In our situation our lawyer says if the property is sold, each child would get a check divided equally from the total sale.
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