How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask J. Warren Your Own Question

J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1151
Experience:  Experience in estate planning including wills, trusts and succession planning.
64316804
Type Your Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

My father set up a living trust with us 5 children many years

Resolved Question:

My father set up a living trust with us 5 children many years ago. he is now in assisted living facility. I am co-executor with my youngest brother and handle fathers expenses. My 2 other brothers and a sister live in fathers house. Fathers house must be sold to pay an enormous debt and his expenses. One brother living in his house was left responsible for maintenance upkeep and utilities of the property. He now will not leave the premises. He has hoarded so much stuff on the premises. He is not doing anything to move the stuff and move out. The other 2 siblings don't real have anything there but believe as long as father is alive they can stay. But now the brother with the property responsibility has come under financial trouble. He may be bankrupt and have debt collector calling him. The power and utilities have now been shut off and the property is falling into disrepair. Discussions have been had with no results. What can I and my co executor brother do to solve this impasse. We are also concerned that the one brother is destroying the fathers estate. Are all us siblings liable if one creates a liability or debt. Also I believe theres a clause in the Living Trust that Father is responsible for upkeep of the property. It may also be such the one brother may not be mentally capable of moving and managing his own home.
Submitted: 1 year ago.
Category: Estate Law
Expert:  J. Warren replied 1 year ago.

Hello and Welcome! Thank you for allowing me to be of service to you. Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you might be hoping to hear.

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.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.


 

Customer: replied 1 year ago.

Thank you
This 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.

Expert:  J. Warren replied 1 year ago.
Thank you for following up. If the trust is a revocable living trust and the house is titled in the name of the trust (meaning it is an asset of the trust) the distribution of the assets or process from the sale of those assets do not occur until the settlor/trustor (your father) of the trust passes away.

Once death occurs the trust beneficiaries are entitled to the distributions from the trust not before that. The settlor/trustor is free to revoke the trust prior to death so a beneficiary is entitled to assets only after death occurs.

I hope this helps, if not please let me know.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1151
Experience: Experience in estate planning including wills, trusts and succession planning.
J. Warren and 7 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.