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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6855
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My family owns 100 acres in La Plata County Colorado with a

Customer Question

My family owns 100 acres in La Plata County Colorado with a house and a mobile home on it. 23 years ago my sister moved into the family farmhouse with the consent of my parents. My parents have both passed away now and there are 7 brothers and sisters in the family trust which the property is now in. My sister divorced her first husband about 5 years ago and remarried 2 years ago and they still live in the house. Her new husband has an 18 wheeler and does local hauls and conducts his business and maintenance in the driveway/yard. In October the "Trust" decided to start charging rent for the 2 houses and asked for a lease agreement to be signed. One of the stipulations to the lease agreement is to not have a business of any kind on the farm. My sister paid her November rent, but did not sign the agreement. She hasn't paid rent since November and the family is considering eviction. It's not fun to evict a family member!
Does the fact that she has been there for so long have bearing?
It looks like you have to give/post written notice first?
Does the new husband have any/additional rights?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 9 months ago.

The trustee of the family trust is in charge of the home, and can set the terms for occupancy. The trustee can limit the activities on the property and no one can question that whether they are the sister or her current husband. Neither one of them gains any special rights or privileges by having lived there for a number of years. The trustee controls what goes on with the properties.

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Customer: replied 9 months ago.
What If the sister is a co-trustee? The other brothers and sisters each have a voting right and everyone wants them out. it looks like our first step would be to them obvious written notice.
Customer: replied 9 months ago.
It is 6 to1. Sign the agreement, pay rent, and move your trucking business somewhere else.
Customer: replied 9 months ago.
Our goal is to have them move. We start with a notice posted in an obvious place with names, addresses and dates to be gone. Correct?
Expert:  Irwin Law replied 9 months ago.

Good morning. I am on Eastern time so I missed your earlier replies. I can't answer your questions without reading the actual trust agreement. That said however, it would be rare to find a trust that provides that type of action that you suggest may be taken by the vote of a majority of the beneficiaries. If the property is truly titled in the name of the trust, and the occupant/sister is a co-trustee, it may require court action to have a court assume supervisiom over the trust activity. The court would then hold hearings to determine what everyone's rights are under the trust agreement. The court can even remove sister as co-trustee if she is not acting in the best interests of the beneficiaries. Again, without reading the trust I cannot tell you what that might be. A consultation with a local probate specialist is definitely in order. I hope that you will enter a positive rating for my Answer By clicking on 3, 4, or 5, so that I can receive credit for assisting you. There is no additional charge for doing so. Thanks again for using JUST ANSWER.

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