Have Legal Questions? Ask a Lawyer Now.
Thank you for your follow-up, and thank you most kindly for requesting me to assist you again.It is not the question of the amount, it is the question of ownership--a trustee is required to maintain the property for benefit of the beneficiary and likewise make for a smooth transfer if the trust calls for it. Anything that can appear to interfere or unjustly profit one of the parties may be a violation of the fiduciary duty. Furthermore, if the trust is silent, generally the intent (unless written in an another manner) is that the assets be maintained for beneficiaries but not at the expense of the beneficiaries. In other words charging rent to a stranger who is on premises is perfectly fine since the trust and beneficiary benefits. Charging one beneficiary for living in a home that belongs to them benefits the trust but not the beneficiary, for whom the trust was created. I agree that there is an inference of an unfair benefit, but so is charging him rent when he owns the property. Now, you can point out to the beneficiary that if he is unable to make payments or assist, you as trustee would have to sell of assets that belong to both in a proportionate manner so as to cover costs, and it may come to selling the property rather than transfer it over to him if no other assets exist. That may get the son to move and take the mortgage over on his own, something you cannot compel him to do otherwise.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).