Legal Question in Civil Litigation in Massachusetts
Duties of a trustee in a real estate trust
There is a trust that has been set up to hold a vacation property for me. The trustee is not related to me, it is my mothers widower. The will clearly states''{The Trustee} shall be responsible in full for payment of all taxes, maintenance, insurance, utilities etc. on this property, during his lifetime.'' He maintains that I, as the person for whom the trust is maintained, am partially responsible for certain expenses, including putting a new roof on the house. He also maintains that any improvemnets, maintence and upkeep that I preform must be cleared through him first. Is he within his rights, and am I responsible for any of these bills?
3 Answers from Attorneys
Re: Duties of a trustee in a real estate trust
Did the will actually create a trust or did it say widower would "hold it in trust" for you for life.
If only in will, will controls terms and you are not responsible for any of the costs mentioned in it.
Widower as a life tennant or trustee for life has exclusive control of property. You cannot do anything to it without his premission.
Probably wouldn't be wise to do anything anyway.
Re: Duties of a trustee in a real estate trust
You should consult with a lawyer who does this kind of work; I can give you a referral if you need one. The facts that you present are a bit jumbled but it sounds as though you are not responsible for the expenses -- definitely worth the cost of consulting a lawyer.
Best wishes,
LDWG
Re: Duties of a trustee in a real estate trust
It is unclear what kinds of trust, and why you keep referring to the will. please advise.
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