Legal Question in Real Estate Law in Kansas

Rent from a Trust

If I have a rental agreement for farm ground with a trust, does the agreement become void at the passing of the trust owner, or does the contract remain with the ground and it's heir?


Asked on 7/03/02, 9:07 am

1 Answer from Attorneys

Roger Johnson Roger D. Johnson, P.C.

Re: Rent from a Trust

It is not possible to give an unqualified answer to the question from the facts given. For example, factors such as: 1. Is the lease oral or written? 2. Do the terms of the lease, whether oral or written, address the circumstances of the death of the trustor [trust owner?] of the, I assume, revocable trust? 3. Do the terms of the revocable trust agreement address the circumstances? 4. If the lease is written, is it recorded? Assuming none of the factors listed above would require a different conclusion, I would think the intent of the parties was to provide an orderly transition upon the demise of the trustor and that the lease would continue in effect. I would need to review the documents to give an unqualified answer.

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Answered on 7/03/02, 2:16 pm


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