Legal Question in Wills and Trusts in Missouri

Leasing real estate in a trust without consent of both trustees/executors

Can a co-trustee/executor of a living trust allow others to move into realestate that is within the trust, even though the other co-trustee/executor has already said No to this, and what legal recourse is there if they do it anyhow? The trust states that my sister has the right to live in the house until 9/2012. She wants to bring in other parties to live there as well, a friend and her mother, without paying any rent. We are both trustees and executors of the trust. I have stated that I do not approve of this and that legally, in the sub-division and in the township this is a single family house and it is not allowed. I am worried that if anything happens that we can be sued for any injuries that happen to them as well and what will happen when my sister's time is up and it is time to move them out. She has already stated to me that she is going to move them in anyhow and it doesn't matter what I think or say. Can she also be removed as a executor or trustee if she is found that she is not keeping the trust's interest in mind over her own interests?


Asked on 9/03/07, 1:37 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Leasing real estate in a trust without consent of both trustees/executors

An attorney would need to read the trust instrument itself before giving you any advice about the respective rights and duties of the co-trustees. Of course there is also statutory and case law to consider, but the first thing to do is read the trust. If you are not already represented by legal counsel you may call me for a consultation.

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Answered on 9/03/07, 7:06 pm


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