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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33794
Experience:  Attorney with 15 years experience
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I am a sole trust beneficiary. I have a court appointed trustee

Customer Question

I am a sole trust beneficiary. I have a court appointed trustee who has not been returning my calls upon a 3 day notice to pay rent or quit. He is the one who mails the check in to the landlord, etc., Landlord is hassling me but I cannot locate my trustee. I do not trust him (trustee) what are my options?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Who actually signed the written lease contract to rent the dwelling?
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thanks
Barrister
Customer: replied 1 year ago.
I did
Customer: replied 1 year ago.
I already have problems with him. He doesn't give me full accounting and from what I've learned from Merril Lynch he had taken a substantial amount of the principal and I don't know where he put it. He had returned it but it was short 40k. This was over a 1 1/2 yr period.
Expert:  Barrister replied 1 year ago.
Ok, that presents a problem because it is you who are personally liable for paying the rent, not the trust. If the trustee didn't sign the lease to provide a dwelling for you, then they aren't under any legal obligation to pay for it.
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But if there is something in the trust documents that state that the trustee has to pay your rent, then if he fails to do so, then this would give you grounds to sue him for breach of his contractual and fiduciary duty as trustee.
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The problem is that it could take months to get in front of a judge and the landlord is not going to wait, he will simply evict because he doesn't care about any disputes regarding the trust, he just wants his rent.
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With that said, if there is some type of requirement in the trust for the trustee to pay the rent, you could try to file a small claims suit against him as trustee under a breach of contract claim so it would be heard quicker. But you are still looking at close to a month from the time you filed the suit to the time that you got in front of a judge. So the landlord may not be willing to wait that long.
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It may end up that you have to pay the rent personally and then sue the trustee under a breach of contract claim for reimbursement if the trustee has a legal duty to pay the rent.
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thanks
Barrister
Customer: replied 1 year ago.
He is supposed to pay for my health and support. And, he along with prior trustees have always paid the rent so I will file a claim with the small claims court I suppose.
Expert:  Barrister replied 1 year ago.
I would start there and if the judge doesn't feel that is the proper forum, then you may have to transfer the case to a probate court and seek an emergency injunction from the judge ordering the trustee to pay the rent to the landlord to prevent any eviction from occurring.
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thanks
Barrister