Legal Question in Family Law in Ohio

Trust laws

my mother-in-law has past away. The house was left in trust to her husband. upon his death the house is to go to her daughter who is the successor trustee and her son. If the husband defaults on the house's mortgage can the son and daughter force him to move out?


Asked on 10/22/07, 12:03 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Trust laws

If the husband has a life estate, and it sounds as though he does, then the daughter and son have a future interest. A future interest in property that is in jeopardy is enough of an interest to be able to preserve. You might be able to evict him. Or you might try to assume the mortage and charge him rent. Regardless, you can try to save this property.

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Answered on 10/24/07, 8:02 am


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