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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 36992
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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The trustee to the property we share a common wall has died.

Customer Question

The trustee to the property we share a common wall has died. The beneficiary of the trust that own the property and resides there refuses to allow us to enter the adjoining property to repair a damaged wall. This is in Pittsburgh Pennsylvania. Without a listed or successor trustee what are our options?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Have you talked to a lawyer yet?
Customer: Yes but he is attempting to have a successor trustee appointed but we apparently have no standing with the trust because we are not beneficiaries of the trust
JA: What advice did they give you?
Customer: It is up for review by a judge. Can a judge direct a tenet beneficiary of a trust to grant access by necessity for repairs in the absence of a trustee?
JA: Anything else you think the lawyer should know?
Customer: We have the neighbor from hell
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


To be very honest, if the beneficiary won't allow you to enter the property, then you can't force them to do so, even if it is necessary for you to perform maintenance.


So you will have to go through the two superior entities who can force them....the trustee or the judge. Since there is no trustee who can give permission, that leaves the judge who could potentially issue an order stating that the wall is a private nuisance and giving you the legal right to enter the property to take steps to abate the nuisance.


In the alternative, the court could appoint an independent trustee for the trust if the trust makes no provisions for a successor and then you would be able to presumably get permission from the trustee to enter for maintenance or repairs.




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