Trust/Life tenent

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Trust/Life tenent

I ‘am the trustee sole beneficiary my step-mother is the life tenant. under the trust she has full access to main floor living space and 1- garage bay. The basement level has an attached shop garage that I have access to without notice. she has unplugged the openers and locked the door between the shop basement. She is also required buy the trust to pay rent, but has not payed anything since my father passed. What can I do?

Asked on October 27, 2019 under Estate Planning, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

As the trustee, you can bring a lawsuit against your stepmother on behalf of the trust to enforce the terms of the life tenancy--i.e. to force her to restore access and to pay rent. You would likely need an attorney to bring it for you, since a nonlawyer cannot represent a trust. You could use any funds available to the trust to pay for the attorney.


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