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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My parents passed away and they left a trust two brothers

Customer Question

My parents passed away and they left a trust for my two brothers and I. The house is under the trust name. Can my boyfriend live with me even if my brothers don't want him to?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

That very much depends on who is listed as the trustee of the trust. Ultimately a trust is not owned by you or your brothers, the proceeds from the trust become yours once disbursed, but until then the trust is a separate entity. That means that the trustee, or whomever is in charge of the trust, has the final say on who can use the property and who cannot. If you reside there and are a trustee, you can bring your boyfriend and have him live there. But if your brothers, for example, are trustees, they can bar him from showing up, and can even evict him from the premises. And, frankly, they can evict you as well.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I am the trustee. So then it should be fine?
Expert:  Dimitry K., Esq. replied 1 year ago.

Then yes, it is fine. As trustee of the trust you can dispense the assets as you see fit, and that also means that you can permit someone to reside there over your brother's objections. There is one caveat. Depending on how your trust is written, if all three of you are trustees and the trust requires 'majority' rule to make a decision, the brothers can overrule you. If such language does not exist, then either trustee can make decisions that would bind the trust. Likewise, if they aren't trustees, they cannot contest short of taking you to court and accusing you of breaching the terms of the trust (which would be very hard to prove unless the trust expressly states that nobody other than family is permitted to live on those grounds).

Sincerely,

Dimitry, Esq.