Legal Question in Landlord & Tenant Law in Michigan
My question: "Scenario: Widowed parent dies and house feel into a trust between 3 children. My fiance and I rented the home for 6 months from one of the trustee's who was living here for the past year. We signed a written lease with her, very simple, did state 6 mo. and rent per month. Other two trustee�s were unaware that she was renting the home. One wants their share of the rent. The trustee we rented from is unwilling to break our lease. Of the other 2 trustee�s, one is uninvolved but the other has sent her husband over to the home and he has also sent 2 attorney letters to the home instructing us to pay him or his attorney� can he even do this, seems unethical?
Things I have done:
Talking to each party. It does no good. They each talk more than they're willing to listen. They are over the age of 50/60, there is no reasoning involved at this point. Talking to the attorney of the trustee not receiving rent. Also proved futile. There's no communication going on between the two parties, it's been a life-long feud. I was unaware of this when I rented the home.
Additional Info:
Husband of trustee wanting half the rent drove up into drive-way pissed off one night, confronted me in the driveway. Words exchanged but no fists.
2 Answer from Attorneys
The rent should be paid to where the lease says (probably the trustee). However, if the home is owed by the trust, the trustee can't just use the rent for himself (maybe he's using it to pay property taxes, maintenance or insurance, which is fine. But if he's using it for his personal expenses, he is breaching his duties as trustee).
Two options: (1) continue to pay rent, let the others go to probate court if the have a problem; (2) pay the rent into a separate bank account until they work it out.
One moe possibility: You refer to "the other two trustees". I assume you meant beneficiaries. However, if they are actually co-trustees (decision makers) under the trust, and only one trustee signed the lease, the lease may be invalid. It depends on the language of the trust which provides how many trustees must sign.
Glenn Matecun
(888) 487-6150
www.MichiganEstatePlans.com
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