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Before my husband passed away we move to an assisted living

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Before my husband passed away we move to an assisted living complex. After only living there for two weeks he passed away. Now my house is a part of the trust which is divided up between five people. I moved back into my house and now my trust attorneys are telling me I have to move out immediately. Or I can pay the full amount of the house and lived there for the rest of my life. My question is. Can I stay at the house legally While the house is still on the market to be sold. Naples Florida
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

EmplmntLaw1 :

Hi, thanks for submitting your question today. I'm afraid to tell you I'd have to concur with the trust attorneys. Your living there, even while it is on the market to be sold, technically violates the the division of "ownership" that constitutes a trust. Specifically, imagine that you gave the house to another person to hold for the benefit of other people. Now if you went and demanded from that other person that you be allowed to live in the house, even while they prepared it for sale, have you really unconditionally given away the property? The law would answer no because you are still getting a benefit form the property. The problem is you risk jeopardizing the division in the trust and if you do you lose the tax and probate benefits I'd guess your you or your husband were hoping to achieve.

EmplmntLaw1 :

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. I'm afraid to tell you I'd have to concur with the trust attorneys. Your living there, even while it is on the market to be sold, technically violates the the division of "ownership" that constitutes a trust. Specifically, imagine that you gave the house to another person to hold for the benefit of other people. Now if you went and demanded from that other person that you be allowed to live in the house, even while they prepared it for sale, have you really unconditionally given away the property? The law would answer no because you are still getting a benefit form the property. The problem is you risk jeopardizing the division in the trust and if you do you lose the tax and probate benefits I'd guess your you or your husband were hoping to achieve.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
Customer: replied 1 year ago.
My marital trust is worth "x" and the attorneys are asking me to leave immediately. They "Atty" have taken the house out of trust and put it into my marital trust. The whole family agrees that I should be able to live in the house. That being said, how fast or how long do I have to find a place to live without rocking the boat. Also, do these trust attorneys, four of them, have my best interest in mind?
Expert:  John replied 1 year ago.
My assumption is that it was put into he marital trust to maximize your husband's tax exemptions on his half of the estate. The attorney's act on behalf of the trust and estate - not necessarily for you, but it's kind of an odd relationship because you and your husband are the ultimate client really; so I can't seen them pushing you real hard to move out. The only real issue the trust would have is if the IRS somehow found out that you had retained possession rather than given the property to the trust...then they might have a problem with it not be part of your estate upon death. I wonder if you have considered leasing the house back from the trust...or if that is something the trust attorney(s) would consider?...that could solve your issue.
Customer: replied 1 year ago.
The attorneys only offered me to buy the house at market value at 3.5 million and only leaving me with 1.5 million to live off of for the next 30 years. So they can not push me out of the house? Can they just take 3.5 million out of my trust if I don't move out?
Expert:  John replied 1 year ago.
Can they push you out the house? -- It really depends on how big of sticklers they want to be. Technically, the house is not in your name anymore, and they have control of it. So, if they really want to - they could have you evicted, but I'm sure that's not a matter on top of their list of things to do.

Can they just take 3.5 million out of my your trust if you don't move out? -- No, absolutely not, that money is your's for your use for the rest of your life; they cannot just exercise control of it like that. If anything, what they would do is threaten to evict you, then you could move out.
Customer: replied 1 year ago.
At the present time the trust is paying all of the bills for the house. If I stay, is it my responsibility to pay the bills? Also, can attorney's pay the house bills out of my marital trust? I really need to stay in this house till I find other house that I want to live in. That being said, I can't buy a house till July when they money from the marital trust starts paying me.
Expert:  John replied 1 year ago.
If I stay, is it my responsibility to pay the bills? - Answer, not really. It's technically not even your house. So, for example, if a bill doesn't get paid the trust cannot simply deduct that amount from your account.

Also, can attorney's pay the house bills out of my marital trust? -- No, that account is yours, the trust attorneys cannot touch it for any other purpose.

I really need to stay in this house till I find other house that I want to live in. That being said, I can't buy a house till July when they money from the marital trust starts paying me.-- I understand your dilemma. I'm just giving you the legal aspect of the matter. You can try to stay there until that time, it is simply up to the trust (in the control of the attorneys) on how long you can stay there; whether they decide to evict or not. It takes around three weeks to fully evict someone in Florida from the time they put the notice on the door, so at the very least you'd have that time. Also, perhaps if it becomes an issue with these attorney's you can ask them for an advance on your trust money, and, in exchange for that you'll move out.
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