do minor beneficary's have any rights ?

by linda mccoy
(las vegas, nv)

The trustee is my late mother's niece. my mother left her home to my boys who are the minor beneficiary's. we have lived in this house since 1993, and the boys were raised there. after mother passed, me and my boys took vacation to north carolina. i had the home rented out, and i continued to pay mtg.payments.

when we returned, the trustee had the renter sign a new lease and giving us no place to live. the trustee now has informed me that we can never move back in to our house, she will have it rented from now on, and for us ( me and my boys ) to live in a homeless shelter. the trust says they will inherit the estate when youngest turns 18. ( 8 yrs from now ) my mother had the trustee promise her that her grandchildren will always have a home, meaning that home.

Is this legal what she is doing? certainly not in the best interest of the beneficiaries.

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Apr 12, 2012
purpose of trust
by: Mo Johnson

Hi, based on the facts you've provided it seems like the estate is not being managed in a way that most benefits its beneficiaries. Of course, I don't know all the facts and haven't read the trust -- and can't give you legal advice anyway.

I'd say you should ask for a copy of the trust and take it to a local trust attorney to see what they think. Much will depend on the wording of the trust and whether the assets of the trust (including the house) are to be used to benefit your boys before they turn 18 or only after they turn 18.

Either way, the income earned from the property should be retained in the trust to benefit the trust beneficiaries -- so, ultimately, they will benefit. It just seems like it would be more beneficial for them to be living in the house. But, again, I don't know all the facts that might be relevant to that.

Ultimately, of course, the trustee's management of the trust could be challenged in court.

Good luck!

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