I am a sole beneficiary to a property in an irrevocable trust. My sister is the trustee, the trust states I may live in the house that was left for me but my sister makes me live in the garage without adequate heat or kitchen and allows her daughter to live upstairs. Should I have the right to live upstairs in the home I raised my children in?
Can't possibly answer this question adequately online. The terms of the Trust and any potential violations of law must be explored by consulting with a lawyer personally--sooner rather than later.
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I have changed this post to "Trusts" b/c you are asking a Trust administration issue.
????What does the Trust say????
This sounds not only 'wrong' but "very wrong' so that someone knowledgable about the Trust law and statutes needs to review the Trust document, to ID exactly what are your rights? Principal use? Income Only? Who knows?
Please see an Attorney who is an experience Trust Litigator: there are several in your geographical area. Also there may be Medi-Cal issues involved, which are beyond the scope of your post.
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Not enough facts to come up with an adequate answer, but this sounds very wrong to me. Please consult with and experienced Trust or estate planning attorney in your area.
Both your rights and successor trustee rights and duties governed by statutes and terms of trust.
Minimal information provided raises numerous red flags regarding sister's behavior.
Possible opposition may include:
-removal of sister as trustee;
-damages for breach of fiduciary duty owed to you;
-order allowing you to move into main house
Review of trust documents and additional facts needed to advise.
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