Legal Question in Wills and Trusts in New York

If a house is owned by a family trust, does a beneficiary of that trust have legal capacity to sue individually another beneficiary of the trust for ejectment and payment for fair use and occupancy or does only the trustee of the trust which owns the house have the legal capacity to bring such a suit?

Asked on 2/06/18, 2:55 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

The trustee is generally the only one who can bring an action to recover rents due from the use and occupancy of trust property. There are lots of ways around this however and different ways you might proceed. For example, as beneficiary if the trustees' inaction is somehow reducing your beneficial share of the trust assets, then you may have a claim against the trustee for inaction and breach of fiduciary duties. It's not such a simple case here.

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Answered on 2/06/18, 4:39 pm

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