2nd in Command

[knowpro]

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

Hello, my question may be two parted. I am listed second, after my sister, on the Living Trust our parents set up about twelve years ago. I have been living in one of the two houses, she has been in the other. Our parents have been dead for about four years time now, and my sister has decided to charge me rent. I was never charged rent by our parents. I don't want to get into the other matters of her not sharing other property or money, I just want to know if there is anything I can do to avoid paying the rent. Last year she wanted to sell the property, and not split the money with me. According to the trust she has sole possesion of the properties and can do whatever she wants. She has made very bad decisions with the house she is in by doubling the amount that is owed. Is there any way I can contest the trust and/or her ability to manage the properties competently?

Thank you

 

[Dandy Don]

Either pay the rent or find somewhere else to live. You would need to discuss your options about her competency with a trust attorney, and it is very difficult to get a trustee removed without valid cause, which it seems like you do NOT have here. She is allowed a certain amount of leeway as trustee, and just because a decision is bad doesn't mean she will be removed.

 

[HappyWanderer]

If sister was not charging herself rent as well, that would be a breach of her fiduciary duties.

 

[knowpro]

I forgot to mention that I have been living in the house for almost 15 years. Do I have any squatters rights?

 

[ShyCat]

I forgot to mention that I have been living in the house for almost 15 years. Do I have any squatters rights?

Short answer: No.

 

[Kiawah]

When you say you are listed 2nd, what does that mean? Listed second as what?

Is she listed as the trustee, and both of you listed as the beneficiaries?

Do you have a copy of the trust document, that you can have a lawyer review?

 

[knowpro]

My sister is listed as 1st Successor Trustee, I am 2nd Successor Trustee, and our cousin is listed as 3rd Successor Trustee.

 

[knowpro]

Forgot to add I do have a copy of the trust for a lawyer to review. I will be meeting with him next week. I am just trying to get so info so I know what questions to ask.

Thank you all for your responses, and Happy New Year!

 

[TrustUser]

there should be language in the trust, regarding replacing the trustee.

look to see what it says.

often, the beneficiaries have the say-so.

who are the beneficiaries ?

 

[knowpro]

There are no named beneficiaries, just successor trustees in the order listed. Correct me if I am wrong; I do not believe they are the same thing.

Thank you.

 

[TrustUser]

a trustee is the manager of the trust. he hold LEGAL title.

the beneficiary is the owner of the trust. he has beneficial rights to it.

a trust must have both a trustee and a beneficiary.

if your trust has no named beneficiary, how would you go about determining who gets anything ?

i would suggest having someone who is familiar with trusts, look at your document, and tell you what the document says.

the naming of the trustee and the naming of the beneficiary are not usually in the same section of the trust.