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

Answers:

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. 


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