Massachusetts | Wills and Trusts
Legal Question
ma. family trust, trustee threatening to kick beneficiaries out of trust property all the time
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Legal Answer
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Read More Answered By: Georg LaBonte |
Although I don't fully understand your question, I will attempt to give you a few answers, as to possible solutions.
1) If the Trustee is also the Settlor/Grantor of the Trust, and it is a Revocable Trust, then the threat may very well be real, and using his/her Grantor powers, could ultimately revoke or amend the Trust to exclude particular beneficiaries.
2) If the Trust is an Irrevocable one, by it's language, or by death of the Settlor/Grantor, then the Trustee is limited to only those powers outlined in the Trust and he/she may not arbitrarily or unilaterally alter, amend, revoke or de-vest any of the vested beneficial interests.
It sounds like by "kick out" you may be referencing a residential property held in Trust, the Trustee may have special powers to sell or rent the property, it would be in your best interest to consult with an experienced Trusts and Estates attorney to determine your rights.
You may be able to remove the current Trustee, and replace him/her with someone that will uphold the Trust provisions, and not take advantage or abuse their powers as Trustee.
I would be willing to help you in this matter, please give me a call at 617.458.6593, for a free consultation.
Regards, |
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