Legal Question in Wills and Trusts in Utah
i am the trustee of my mothers----------------family trust. i mortaged the house to pay debts. my son is the next trustee of the property . it is still in the _______________ family trust . he wants to sue me for mortageing the house because he belives that the house is his . he has lived in it for 5 years and i have paid the mortagage. i have paid the gas bill and the electric bill and his phone bill . other than i am a crazy mother, and he is a 35 year old baby does he have a right to sue me because i have lost my job and cannot pay these bills any more?
2 Answers from Attorneys
It depends on what the trust says you can do as Trustee, and what rights the beneficiaries have under the terms of the trust. The fact that your son has been allowed to live in the house does not mean it is his--again it will depend on the terms of the trust, and what the title to the property says. If you have more questions, please call me, and make arrangements for me to look at a copy of the trust itself.
A properly drafted trust sets forth the powers of the trustee. Most trusts allow a trustee to mortgage trust property, as well as rent or sell it. Unless there is specific language in the trust, you should have the right to do with the property as you think is best for the trust.
I would be happy to review the trust and discuss this matter with you in a free consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
