IN Nevada, trustee/beneficiary continues (11 months and counting since Settlor's death) to live in a trust property, fully furnished with Settlor’s personal effects, against one beneficiaries (there are three) wishes claiming her right to do so to be considered payment for her services. The trust provides that trustee be paid an annual fee which is reasonable. Trust is to be distributed at death of settlor. No attempt has been made by trustee to sell properties.
The powers and discretion granted to the Trustee are exercisable only in a fiduciary capacity.
This situation obviously gives incentive to trustee to never distribute the trust assets. I wish to demand the trustee remove herself from the premises, taking with her only her personal property and to never utilize the property on a personal base again. I also want her to deposit an amount into the trust account to compensate for the difference between the trust provided reasonable amount and normal rent in the area.
Can I expect success by petitioning the probate court if she refuses?