Legal Question in Wills and Trusts in Maryland

I stayed at our families cottage (deceased father's trust) and my sister called the sherriff who evicted me. I assumed my living mother had full control like everything else. To my astonishment my sisters name was listed as follows: her name 7 'successor Trustee" Does she have legal right to kick me out? Thank you in advance.

Asked on 7/10/10, 9:41 am

1 Answer from Attorneys

Richard Abraham Abraham & Bauer, LLC

The answer to your questions is not a simple one.

Are you a named beneficiary to the Trust? Will you be a part owner to the cottage once the beneficiary(ies) die? Why is your mother not a Trustee or is she a co-trustee? Is she a Trust beneficiary? Why did your sister call the sheriff? Is there bad blood between you? Your brief fact pattern did not delve into any of these questions.

Also, if your sister is the sole Trustee, she very well may have the legal authority to have you removed from he property. The Trust documents should enumerate her authority and then there is Maryland Case law too. Remember legal and moral are different

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Answered on 7/12/10, 7:23 am

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