ADDITIONAL INFORMATION:

She must maintain the home carry liability fire etc. Repair replace and provide all upkeep including taxes to remain there. She HAS NOT DONE THIS. I informed trustee and my sisters tried to get a loan for her unsuccessfully even the trustee tried and was denied. I want to stop the delapitation of my inheritance and have her removed. I am also on SSI and am homeless and have been denied access to the home to live. No one cares. Help.

ATTORNEY ANSWER BY MARGARET L. CROSS:

The Trustee has a fiduciary responsibility to make sure that the terms of the trust are followed. You may be able to file a petition to have the Trustee removed and seek that the terms of the trust be followed. You will need to work with an attorney to accomplish this.
However, without reviewing the trust, I can’t tell you what would happen after the petition is enforced. Is your mother then turned out into the streets? Does the trust spell out that the house is to be sold? What happens to the proceeds of the sale? Can the proceeds be reinvested into a home that your mother can afford? No matter what the outcome it will be difficult for both you and your mother.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The trust litigation attorneys attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.