I have been living in this place for two years. I am the beneficiary that the property goes to in a living trust. The executor told me that his son might contest the trust. He said that it might be held up in court for over a year and he is going to start charging me rent. I do understand that there is 120 day period that we have to wait before the property is given to the beneficiary, and there was enough money in her accounts to pay off everything she owed. She always paid all her bills and taxes on time. He is just trying to prolong it to make me pay money out of my pocket. can he make me pay rent also?
There is no executor of the trust. There is a trustee. If he makes you pay rent that rent would belong to the estate and estate would be then distributed according to the terms of the trust.
Since no one here knows the terms of the trust, we cannot comment on whether or not you would end up getting out money back if you do pay. You would benefit from sitting down with an attorney I’m going over the terms of the trust with them in person.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
You didn't mention whether the trustee has even commenced formally administering the trust by noticing beneficiaries pursuant to Probate Code 16061.7 but at some stage he will be able to attempt to start collecting rent. One expensive option would be to file a trust action to require him to forgo the rent or to allow you to deposit it to a blocked account. You may end up in court anyway because the son intends to contest the trust, so you could make your request for relief part of that case.
Get an attorney to review the trust. It is unlikely you can be charged rent on a property you will inherit but a reading of the trust will be necessary to say for sure.
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