She is the only beneficiary. It is a revocable trust. She is 24 and the trust resolves when she is 25. I pay all bills in the home except for property taxes and homeowners insurance. I wanted to file my taxes separately so I can get a return. The Trustee (my wife's and her late fathers life insurance agent and family friend) threatened my wife that if I file separately he will give us a 30 day eviction notice and if we want to stay in the home I would have to buy the house from the trust. The trust dictates that any action he takes will be for and only for the benefit of my wife.
What business of the trustee is how you file your taxes? Is your wife required to furnish a copy of her tax return as part of the terms of the trust? If you file separately in order to get a refund that tells me that you wife will owe taxes, correct? The trustee may be seeking to avoid your wife having to come up with money to pay taxes. I suggest that you consult a tax and estate attorney to help sort this out. Be sure to take a copy of the trust with you. If the trustee is acting out of spite for you as opposed to acting in your wife's interest then he may be violating a fiduciary duty. Get some help quickly. Good luck.
Your wisest move would be to consult with a trusts and estates lawyer, and take a copy of the trust and all related correspondence.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
I agree with the previous answers. The Trustee's powers are defined by the Trust, and there may be a legitimate reason for his actions. However, threatening the sole beneficiary of the trust with eviction for filing a separate tax return seems quite unusual. Contact a local trust attorney -- there are several in South Bend -- to discuss your options.
This answer is for general information purposes only and is not intended to create an attorney-client relationship. Additional facts are necessary to assure that the answer is entirely accurate. An attorney in your local area should be consulted for a formal legal opinion.
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