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Yes, a house owned in trust may be opened by court order but only if it appears there is some rational reason that involves preserving the house from damage or destruction or that it be devoted to the uses and purposes of the trust itself.
It is settled law that the property in a trust or an estate is within the jurisdiction of the court and subject to its power. Circumstances may arise that indicate that entry into the house to prevent damage, such as a leaking water pipe, is necessary to ensure that it will not be damaged. There may be circumstances where a person is preventing entry to a beneficiary of a trust who is entitled to live there. In either case the court has authority to order the house be opened.
In addition, if in a criminal matter, a valid search warrant is issued to search the premises, the court may order the house be opened to execute the warrant.
What else can I help you with?
How do you nullify a deed of trust?
Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.
Can you sell your house even if it in a trust?
You must review the provisions of your trust to determine if the trustee has the power to sell real estate. If not then you will need to seek a court order.
Can property held in a trust be seized by a court order?
Yes. There are circumstances whereby a court can order the transfer of property held in a trust.
If a house is placed in an irrevocable trust does the trustee have the right to borrow money to reinvest in the house for improvements and maintenance?
You need to review the powers granted to the trustee in the trust instrument. The trustee may need to get court order if the power to borrow money was not granted in the trust.
What happens when two beneficiaries will not consent to an early termination on a trust?
You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.You need to review the trust to determine how it can be terminated. If you don't find your answer there, or if that answer is not helpful, then you need to bring the matter to court and seek a court order that terminates the trust.
How do you break a trust?
Read the document that created the trust to find how the trust can be terminated. If there is no provision for terminating the trust you need a court order.
Can an Irrevocable Trust be broken in Vermont?
Only by a court order.
Can an irrevocable trust be broken in Kentucky?
That may be possible, by a court order, if the trust is found to be invalid. You need to consult with an attorney who specializes in trust law who can review the details and explain your options.That may be possible, by a court order, if the trust is found to be invalid. You need to consult with an attorney who specializes in trust law who can review the details and explain your options.That may be possible, by a court order, if the trust is found to be invalid. You need to consult with an attorney who specializes in trust law who can review the details and explain your options.That may be possible, by a court order, if the trust is found to be invalid. You need to consult with an attorney who specializes in trust law who can review the details and explain your options.
Can child support be put aside in a trust fund while father is stuggling to pay to ex wife?
The child support must be paid over as ordered in the child support order. The obligor cannot decide to pay it into a trust without a court order.The child support must be paid over as ordered in the child support order. The obligor cannot decide to pay it into a trust without a court order.The child support must be paid over as ordered in the child support order. The obligor cannot decide to pay it into a trust without a court order.The child support must be paid over as ordered in the child support order. The obligor cannot decide to pay it into a trust without a court order.
How do you transfer property out of a living trust?
You must look to the trust instrument for instructions. If there is no power in the trustee to transfer real estate recited in the trust document then you will need to have the situation addressed by a court order.
What if the trustee doesn't want to relinquish the inheritance to the beneficiaries?
The trustee must follow the provisions of the trust or the will in which the trust was set forth. If they refuse you should bring an action in the court of jurisdiction where a judge will issue a court order that the trustee must follow. If they still refuse then they will be in contempt of court and you could ask the court for sanctions.
Which document will stand in court A photocopy of a trust or an original?
Which document will stand in court: A photocopy or a trust or an original?
