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plaintiff's legal standing to sue

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I bought property some years ago and the property was leased (rented) by me. The leases were entered into by me as an individual with no mention of a 'trust" or of my being "trustee" because no trust existed at the time of the execution of the lease. I am now suing the tenent to regain the property and have brought suit as trustee for the trust even though the contract was signed as an individual. The tenant claims I have no standing as trustee but must sue as an individual since that was how we entered into the contract and all payments were made to me as an individual and tenant had no knowledge of the trust or trustee until the lawsuit was filed. Is she right? Do I have standing to sue as the trustee of the trust even though the contract was between us as individuals?

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You've left a lot out of this post. You said you bought the property and entered into the lease in your individual name and no trust existed at the time. Fast forward to now, you want to evict the tenant and regain possession of the premises. In between the two, apparently, a trust enters the picture. What role does the trust play here? Did you create a trust and transfer the property to the trust with you as trustee? If property was transferred to the trust, did you assign the lease to the trust as well? And in what state is this taking place. The details will matter.

It may be that the proper way for the lawsuit to be captioned is something like "ABC Trust, Jill Smith Trustee, as successor in interest to Jill Smith in her individual capacity." Then again, maybe its something different. Without seeing the documents and reviewing the details of what happened here, it is not possible to say how you needed to do this. You probably should consult an attorney in your state for advice on how to properly file the eviction action.

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