Legal Question in Wills and Trusts in North Carolina

Mother passed away and according to her Trust, her husband is allowed to remain within the home (85% / 15% Tenancy in Common with her husband being the minority interest) but he must pay for all taxes, maintenance, etc. There's a structural retaining wall that's collapsing and he is unwilling to pay for its repair. The Trust has $50k that was to be given to him to help pay for taxes, etc. (house is paid for so no mortgage) but we're unwilling to release that money knowing that it may well not be spent on what it was intended.

Short of Partition, is there any way that we could get a court order forcing him to abide by the terms of the Trust? And since it was a Tenancy in Common, is our only true recourse to threaten and/or force a partition action?


Asked on 9/03/10, 11:49 pm

1 Answer from Attorneys
Rachel Hunter

Yes - a life tenant is not allowed to commit waste of the property. Rather than bring an action against the husband, why doesn't the trust hire someone directly and pay them to repair the property instead of givong the money directly to the husband?

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Answered on 6/16/11, 5:32 pm


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