Real Estate Law
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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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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.