Evicting the executor

[SCMimi]

What is the name of your state? Hawaii
Several years ago, my mom created an irrevocable trust (with her house being part of this trust) and named my sister the executor of the trust. A few years later, my sister decided to move into this house with my mom. She pays no rent, doesn’t help with the bills and is basically intolerable to live with to put it mildly. But before I judge her too harshly, I have to also add that I believe mental illness plays a part of this but probably not so much so that she could be deemed mentally unfit to fulfill her duties as executor. (Sister also refuses to seek help for what I believe to be some sort of mental condition.) Also, my sister wasn’t like this when my mom named her the executor, she used to be responsible and my mom had no reason to suspect that things would turn out this way. My mom cannot stand living with my sister but my sister won’t leave, won’t get a job or contribute to the household and just argues with my mom all day. My mom has tried to get the trust changed in order to name my brother the executor but can’t because my sister won’t sign the necessary papers to do so. Is there any way at all to get this trust changed without my sister’s consent and/or can my mother evict my sister from this house when my sister is the executor?

 

[BlondiePB]

What is the name of your state? Hawaii
Several years ago, my mom created an irrevocable trust (with her house being part of this trust) and named my sister the executor of the trust. A few years later, my sister decided to move into this house with my mom. She pays no rent, doesn’t help with the bills and is basically intolerable to live with to put it mildly. But before I judge her too harshly, I have to also add that I believe mental illness plays a part of this but probably not so much so that she could be deemed mentally unfit to fulfill her duties as executor. (Sister also refuses to seek help for what I believe to be some sort of mental condition.) Also, my sister wasn’t like this when my mom named her the executor, she used to be responsible and my mom had no reason to suspect that things would turn out this way. My mom cannot stand living with my sister but my sister won’t leave, won’t get a job or contribute to the household and just argues with my mom all day. My mom has tried to get the trust changed in order to name my brother the executor but can’t because my sister won’t sign the necessary papers to do so. Is there any way at all to get this trust changed without my sister’s consent and/or can my mother evict my sister from this house when my sister is the executor?

Does your mother have any dementia?

 

[SCMimi]

No, no demetia but I believe she was diagnosed with schizophrenia (or something just as serious) thirty years ago and continues to take medication for it.

 

[BlondiePB]

No, no demetia but I believe she was diagnosed with schizophrenia (or something just as serious) thirty years ago and continues to take medication for it.

If your mother is competent, have her see an Elder Law attorney that deals with trusts. Sister may be able to be removed as trustee for breaching her fiduciary responsibilities and/or any other things in the terms of the trust that the attorney could use to remove bad sister from the home.

If mother is not competent, file for guardianship over mom. Mom can even do a voluntary guardianship over her estate and/or person. The guardian does not have control over the trust.

If sister has no right to be in the home, mom or the guardian can have sister/trustee evicted using your state Landlord/Tenant statutes. An attorney needs to review the trust immediately.

 

[SCMimi]

Thanks, that helps me a lot. One more question. Might be a dumb question how do I know if sis has a "right" to be in the home? The trust does not say my sister can live in the house but it does say that she is responsible for making repairs, improvements, and just generally maintaining it. Does the fact that the trust does not specifically state that my sister can live there mean that she does not have a "right" to live thre? Suppose my mom WANTS someone to live with her (say a friend or relative), can my sister try to evict that person if she doesn't like him or her?

 

[BlondiePB]

Thanks, that helps me a lot. One more question. Might be a dumb question how do I know if sis has a "right" to be in the home? The trust does not say my sister can live in the house but it does say that she is responsible for making repairs, improvements, and just generally maintaining it. Does the fact that the trust does not specifically state that my sister can live there mean that she does not have a "right" to live thre? Suppose my mom WANTS someone to live with her (say a friend or relative), can my sister try to evict that person if she doesn't like him or her?

Since trust documents can be quite lengthy, please have the attorney review it and ask him/her these questions. It would not be appropriate to answer your questions without reading the document.