I am Trustee to my parents house and the will states after the death of my brother and his wife I can sell the house,

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I am Trustee to my parents house and the will states after the death of my brother and his wife I can sell the house,

Now that they are deceased I want and need to sell the house because I cannot afford to pay the property in a few months, problem is my brother allowed his son and the grandson and his girlfriend to move in. it has been 3 months since the funeral and I offered for the son to buy us out, as is below market value, he is refusing to respond and evidently cannot qualify for a mortgage or any type of loan, the Will did not give my brother or his wife any rights to move anyone else in that house, utilites are being paid late and there is no rental or lease agreement I am in Texas and due to health reasons cannot get there, what action do I need to take now?

Asked on June 2, 2017 under Estate Planning, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since the trust owns the home and you are the trustee, and the son and grandson have no legal right to reside there and are not rent-paying tenants, you (on behalf of the trust) can remove them by filing a court action (lawsuit) for "ejectment": this is essentially eviction for non-tenants (other persons who had been allowed to live there, but have no right to own or use the property--i.e. who had just lived there as someone's guest). This action is somewhat "technical" compared to a standard eviction action; and a trustee may make decisions for a trust, but cannot personally represent it in court; therefore, you are advised for both reasons to retain a local attorney (a real estate or landlord-tenant lawyer should no what to do) to bring this action for you.


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