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Thank you for your question. Please permit me to assist you with your concerns.To answer your questions:Question: can the estate charge rent pending transfer? If the trust did not yet transfer ownership, it is possible provided the trust language does not deny such an action. But please be aware that the courts also look to intent of the trust, so if he complains and files in court that the trustee is intentionally attempting to harm the beneficiary's interest by charging rents, he may prevail.The reasonable rent is more than the mortgage payments. That may be, but the advice given to the beneficiary is accurate--until the property is under his name, he is not required to pay rents or provide maintenance, that is the responsibility of the trust.Q2 If occupant refused to pay rent or mortgage can he be evicted?Yes, to the rent, no to the mortgage. He has no legal duty to assume the mortgage until he assumes ownership. Regardless I am aware he will receive title to the property.That is why seeking an eviction may be seen as a fiduciary duty violation or interference with his property rights.Q3 I ask these questions because as trustee I have an obligation to other beneficiaries not to waste trust funds. I agree, and if there are other beneficiaries involved, demanding rents become more legitimate and a more proper decision under your own fiduciary requirements. Q4 Do I breach my obligation if I do not pursue rent or payment of mortgage?No, you do not, not in this instance, since the occupant is the future owner of premises. And as stated, he is not required to take over the mortgage as yet.Good luck.
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