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?
1 Answer from Attorneys
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.