Legal Right to Remove Family Guests from Trust Property

[rossandpam]

What is the name of your state (only U.S. law)? WI

My sibings and I hold title to a family lake home which we allow our parents to use in the summers though our parents are NOT in title nor have they ever been in title. Parents are in their 80's and are claiming they have run out of money. Parents coerced other 2 siblings to ok sale of lake home and then contacted a real estate broker and signed a listing agent which we are having counsel block. CAN we have the parents banned from using this lake home even if our siblings allow them to stay? We fear that they will use any devious means necessary to try to sell the lake home and/or any personal property contained therein - even if the personal property is not theirs. We fear damage to the property and possible damage to our right as title holders. To complicate matters, parents behavior is very aggressive towards anyone who stays at the lake home and we believe dementia may be setting in.

 

[LdiJ]

What is the name of your state (only U.S. law)? WI

My sibings and I hold title to a family lake home which we allow our parents to use in the summers though our parents are NOT in title nor have they ever been in title. Parents are in their 80's and are claiming they have run out of money. Parents coerced other 2 siblings to ok sale of lake home and then contacted a real estate broker and signed a listing agent which we are having counsel block. CAN we have the parents banned from using this lake home even if our siblings allow them to stay? We fear that they will use any devious means necessary to try to sell the lake home and/or any personal property contained therein - even if the personal property is not theirs. We fear damage to the property and possible damage to our right as title holders. To complicate matters, parents behavior is very aggressive towards anyone who stays at the lake home and we believe dementia may be setting in.

That's an iffy situation. Certainly the property cannot be sold without the signature of all title holders, unless a partition suit is filed, and that would take a lot of time. So you don't have to worry about that. However, I don't see how you can stop one of the owners from allowing them to be there as guests.

You could certainly remove all of your personal property from the home so that nothing of yours could be sold.

You could also advise the siblings who are allowing them to stay there of your concerns, and tell those siblings that you will hold them responsible for anything that goes missing or is damaged.

However, if those siblings are on your parent's "side" in this dispute, how do you think co-ownership is going to work in the future? Will you be able to remain co-owners in a possibly hostile relationship? Is there any chance that it might be better to sell, take your share of the proceeds and invest them in your own property?...or to buy your siblings out?

What I don't undertand is how your parents think that selling the property is going to give them any money, if they are not on the title.