Who do I pay my rent to if I’m not sure who is the trustee ?
A stranger has shown up with photo copies of an old trust and is telling me to pay him. He is not named in the trust. He says the trustee named him as new trustee.
The daughter I know has told me to ask for the original trust documents, or to wait for a court order. She says she has all the originals and updates which this stranger doesn’t have.
Should I ask to see original documents? Can I get in trouble if I ask for a court order to tell me whom to pay? In the meantime whom do I pay?
2 attorney answers
You need to have this person provide your with original documents showing the person is the duly appointed trustee and the trust is still in full force and effect and owns the property you are renting. that's just for starters. Once you have originals, take them to a trust lawyer/ real estate lawyer in your area for review and advice. I suggest you hold the rent until the lawful owner and property manager are discovered. Don't wait for a court order, but if you are sued, respond with legal counsel promptly.
Excellent advice from Robert Firth. I agree.\ and add:
-request copy of trust and all amendments from each purported trustee;
-review documents with your attorney;
-do not pay either person until directed to do so by your atorney
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