If my mom died 4 years ago and she had a Trust set up for her the house and property, what are my duties as personal rep?

There are 4 beneficiaries; I am the personal rep and one of the beneficiaries. The Trust has no income and the taxes are close to a year owed. I want to close the Trust by selling the house and property. However, another beneficiary lives in the house and refuses to pay bills, rent or move out. I also live in the house and use all my own money to pay the expenses. I receive SSI and am disabled. How do I sell the house and property?

Asked on September 27, 2013 under Estate Planning, Washington


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

Your options depend on what powers the trust documents give to the trustee.  As trustee you may have the power to sell the house, evict the resident beneficiary, insist that they pay rent, and/or distribute the trust assets to the beneficiaries.  However, it all depends on what the trust actually says. You should talk with a local estate planning or trust and estates attorney to discuss your options. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.