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A trustee with eviction rights is a complete oxymoron to the essence of what a trust is, and is in total opposition with the purpose and use of liability insurance and its role prevailing civil practices.

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13y ago

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Does a trustee have the right to evict a living heir?

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.


Can a public housing authority evict a disabled tenant?

Whether a tenant is disabled does not have a bearing on whether he can be evicted. If a PHA has the right to evict a tenant then it can evict such person regardless of disability.


Does a landlord have the right to evict without proper notice?

With a legally binding tenancy then no.


Does a trustee of a discretionary trust have to reveal the amount of the trust fund to a discretionary beneficiary?

A beneficiary of a trust has the right to an accounting as a way to make certain the trust assets are not being wasted or mishandled by the trustee. A trustee does not have the right to operate in secret. A court can order an accounting.


What is the definition of evict?

To dispossess by a judicial process; to dispossess by paramount right or claim of such right; to eject; to oust., To evince; to prove.


Dose a trustee have the right to do what ever she wants with a trust?

No. The trustee has only the powers set forth in the document that created the trust. You must review the trust document to determine what the trustee must do, may do and may not do.


Does your trustee have to do your income tax for you?

No, absolutely not. He may well have a right to review it, but NOT do it.


What rights do beneficiaries have regarding a trust?

Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.


Can you evict a joint owner from a property?

No. A joint owner has the equal right to the use and possession of the property.


Can a trustee get a loan on the property held in trust to pay off heirs?

Trustee is not the owner of the property and hence he will have no right to sell the property held under trust.


If you are entitled to a large inheritance right after bankruptcy how much can the trustee take?

Your bankruptcy trustee has the right to receive your share of the inheritance within 6 months of filing your case. The trustee has the right to receive it all. Typically what happens though is the trustee receives the full amount and then makes a determination of how much is needed to satisfy your estate and debts. If you receive more than is necessary to pay off your debts, you will get a refund. It can take some time though. In rare cases, the trustee may have you cut a check for the amount and you keep the difference. But normally trustees don't trust debtors to do this.


Can you evict tenants for nonpaiment if house is being forclosed?

Right up until the foreclosure sale, yes.