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Can the Trustee Evict Me?

If you are an occupant of a property owned by a trust, here is what you should know.

The trustee is the legal owner of the trust property and may have the right to evict you, even if you are beneficiary. The first thing you should do is ask the trustee for a copy of the trust. For more information on how to obtain a trust see our article HERE.

Once you review the terms of the trust, you will have a better understanding of whether the trust gives you the right to occupy the property, and, if so, whether there are any specific conditions. If the trust terms do not specifically state you are entitled to live in the property, the trustee can evict you.

You should also know that you cannot live in the trust property without paying rent (unless the trust terms specify otherwise). If you do not pay rent, the trustee can seek a court order to hold you liable for back-rent. The amount of back-rent could become quite substantial if you live in a trust property for several years without paying.

If you are a co-trustee, can the other trustee evict you? Since both co-trustees need to agree on bringing an eviction action, the other co-trustee would likely need to file a petition to remove you as trustee first. The process of removing a trustee can be lengthy and involved. The other trustee could also file a petition for an order to surcharge you for back-rent.

What should you do if you get an eviction notice? Contact an attorney as soon as possible.