Typically, a trustee does not have the authority to evict a living heir from an inherited property unless specifically granted that power within the trust. The rights and responsibilities of trustees are governed by the terms of the trust document and relevant state laws. It is important for trustees to act in the best interests of the beneficiaries, which may include providing a living heir with a place to live.
As an heir, you may not have the right to see the trust documents during the grantor's lifetime, but you may have the right to view the trust after the grantor's death. It is important to consult with an attorney to understand your rights and options regarding the trust.
A trustee does not have the authority to remove an heir from a trust unless there are legal grounds for doing so, such as the heir's misconduct or failure to meet certain conditions set in the trust document. The trustee must act in accordance with the terms of the trust and state laws governing trusts when making decisions regarding beneficiaries.
No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.
No, one heir cannot legally evict another heir from their shared inheritance without following proper legal procedures. Each heir has rights to the inheritance and must be treated fairly and within the confines of the law. If there is a dispute, it is advisable for the parties to seek legal advice to resolve the issue.
In general, if a surrogate has legal authority over an estate, they can potentially seek to remove an heir from property that was owned by the deceased. This would typically involve following legal procedures, such as court hearings, to establish the surrogate's right to make decisions regarding the property. The specific laws and processes involved can vary based on the jurisdiction and circumstances of the case.
The executor is responsible for the estate and its assets. They can evict people living on the property.
If you evict him properly after consulting with landlord/tenant eviction attorney. Are you going to then sell the property and split money with the heir?
As an heir, you may not have the right to see the trust documents during the grantor's lifetime, but you may have the right to view the trust after the grantor's death. It is important to consult with an attorney to understand your rights and options regarding the trust.
First, an heir is not an heir until a benefactor dies. Therefore, the person you refer to as the heir has no right to the owner's property while the owner is living.
A trustee does not have the authority to remove an heir from a trust unless there are legal grounds for doing so, such as the heir's misconduct or failure to meet certain conditions set in the trust document. The trustee must act in accordance with the terms of the trust and state laws governing trusts when making decisions regarding beneficiaries.
No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.
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No, one heir cannot legally evict another heir from their shared inheritance without following proper legal procedures. Each heir has rights to the inheritance and must be treated fairly and within the confines of the law. If there is a dispute, it is advisable for the parties to seek legal advice to resolve the issue.
In the US: It is not required that a will be read by a solicitor/attorney. An Executor -an heir - or a Trustee - may fulfill the duty.
A trustee is an officer of the court. And is bound by state laws and court procedures. If the estate/trust is being held, it is due to the action of the court of jurisdiction, not the trustee. An heir can petition the court for a change in executor. They can also ask for a full accounting of the estate. If it is clear that they are dragging things out, perhaps to pad their bill, the court can replace them.
Yes, they can start the eviction process. They are responsible for the estate and its property. They could also collect rent.
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