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rawcookie

Can a third party evict a trustee

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I am a 25% owner of my late parents estate and I am currently living in the house. The administration of the trust has been given to a third party and they are giving me 30 days to leave. I am willing to leave but would rather stay until the property sells. Does the third party have the right to evict me without the consent of the other trustees. At least two out of the other three won't make me leave before the sale of the property.

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We went to court to have one co-executor removed and our sister appointed as co-executor and the judges ruling was to have the trust dissolved by a third party. I will look into what powers were transferred to the third party but when I talked to them on the phone and said I didn't see why I had to move before the house sold they simply said it would easier to sell if I wasn't there.

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If I read your post correctly, the court has ordered the trust to be dissolved or liquidated by a third party.  If that is the case it doesn't matter what the trustees would prefer, the third party is now in charge.  If the third party is of the opinion that the house would be easier to sell if it is vacant, then  they can undoubtedly have the authority to evict you, if necessary.

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16 hours ago, rawcookie said:

I am a 25% owner of my late parents estate

 

I'm not sure what you mean by this.  A person's "estate" is the collection of his/her assets and liabilities or a fictional entity that owns those assets and liabilities.  No one "owns" an estate, and your parents (plural) would have two estates, not just one.  For the time being, I will assume that you stand to inherit (but have not yet inherited) 25% of the estate of whichever parent died later.  If that's not accurate, then the rest of my responses may change.

 

 

16 hours ago, rawcookie said:

The administration of the trust has been given to a third party and they are giving me 30 days to leave.

 

What trust?  What does "given to a third party" mean?  I assume that, prior to your parents' deaths they established a trust and that the trust owns the home.  If that's the case, then any interest you might have in either of their estates is irrelevant (trusts and estates are different things).

 

 

16 hours ago, rawcookie said:

Does the third party have the right to evict me without the consent of the other trustees.

 

Other trustees?  Two sentences earlier, you wrote that "[t]he administration of the trust has been given to a third party."  Now you are saying there are "other trustees."  While it is certainly possible for a trust to have multiple trustees, it's not the norm and is often a bad idea for a number of reasons.  Are you sure the trust has multiple trustees?  If so, when you refer to one of the trustees as a "third party," what do you mean by that?  

 

In any event, if, in fact, the trust that owns the home has multiple trustees, whether an eviction can be effected by less than all of them depends on the specific provisions set forth in the trust instrument.  Are you suggesting that only the "third party" trustee wants to evict you and that the "other trustees" don't want to evict you?  Or is it simply a matter of the eviction notice only being signed by the "third party" trustee?

 

 

14 hours ago, rawcookie said:
16 hours ago, doucar said:

It depend upon what you mean by administration of trust given to third party and what powers were given and retained by the other trustees.

 

We went to court to have one co-executor removed and our sister appointed as co-executor and the judges ruling was to have the trust dissolved by a third party.

 

This doesn't make a lot of sense, and I think a basic discussion of wills and trusts would be helpful.

 

A trust is a means by which one person (the trustee) owns property for the benefit of another person (the beneficiary).  The person who creates a trust is called a trustor or settlor and is typically the person who previously owned the property placed in the trust.  Trusts are commonly used in estate planning, with the same person(s) initially being the trustor(s), the trustee(s), and the beneficiary(ies).  After those persons die (or become incapacitated), someone else will take over as trustee, and the trust instrument will determine what becomes of the trust property.

 

An estate, by contrast, does not exist until someone dies.  As explained above, an estate is the collection of a deceased person's assets and liabilities, but it does not include property held in trust or property that is jointly owned with the right of survivorship.  The person responsible for administering an estate is an executor, an administrator, or a personal representative.  Where a deceased person created a trust, the same person will often serve as both trustee of the trust and executor of the estate, but those roles are sometimes filled by different persons.

 

Your posts go back and forth between trust terminology and estate terminology, and it is therefore difficult to understand what's happening.  That said, if the house is owned by a trust, then any discussion of executors is irrelevant and, as mentioned above, if there are multiple trustees, then one would need to read the trust instrument to know whether they must act jointly or whether they may act independently.  Also, while the trustee does not need to justify evicting you, most real estate professionals will tell you that it is easier to sell an unoccupied home.

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