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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36311
Experience:  Texas lawyer for 30 years in Estate law
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I am party to a trust, my father recently passed away and my

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I am party to a trust, my father recently passed away and my older brother has always been one of those 'failure to launch' type of guys and is still living in my father's home. Myself, my oldear brother and my younger brother are all parties to the trust part which includes the house. My older brother (the one living in my dad's house) has a number of weapons, some of which MAY be the banned assault type rifles (I'm not positive, my younger brother tends to be very dramatic and may not know all the facts). My younger brother, who is the trustee, seems to think that if the older brother has these types of weapons in the house, if they are discovered we could all be violating the law and face jail time because we are now all owners of the house. Is this in fact the case? I live 1800 miles away from the house, I have no idea what is going on there and what sort of shady stuff this guy is pulling. We want him out of the house and we are working to get him an apartment so that we can sell the house, but he is resisting. If I could be facing legal troubles because of his nonsense, we will have the leverage we need to get him out or have him evicted. If he does have these weapons can we call authorities to have them confiscated without having any legal action taken against my younger brother or myself as we do not live in the home. Again, I don't know if this is the case, but if it is, what is my liability as an owner in abcesna.
Submitted: 4 months ago.
Category: Estate Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you tonight.

The trustee could file for eviction here in order to sell the house and also get the brother out of the premises.The trustee has the power here to do what is needed under the terms of the trust.The brother as trustee should report the weapons tot he police here as well to protect the assets of the trust.Here the trustee has the the duty to resolve this through eviction and reporting it to the cops as well.

These are all duties of the trustee as they benefit the trust assets and also avoid legal problems with the guns.Reporting this to the police protects the trustee legally.

I appreciate the chance to help you tonight.Thanks again.

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