Dissolution of Trust and tenant - Landlord Forum thread

Dissolution of Trust and tenant by Malea on March 10, 2012 @15:48

My Great-Grandfather set up a trust and because my grandparents and father have passed, my siblings and I will soon own property as the trust is in the process of being dissolved. My step-mother is living in the home we will soon own and has not ever paid any rent. I had heard there was a law that said, because she does not pay rent, she can actually claim ownership of this property. Is this true?

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Not a LL/T question by Bryan (Ia) on March 10, 2012 @15:52	[ Reply ]

Anybody can claim anything, proving the claim is another issue.

Re: Dissolution of Trust and tenant by OK-LL on March 10, 2012 @16:39	[ Reply ]

No. Step-mother would have to prove she gained her interest in the property under color of title and she would have to sue to quiet the title against any others with a claim, including the actual owner, i.e., the trust. Think about the situation you describe and generalize it -- do you really believe that simply living in a property without paying rent would grant you a right of ownership? If that were the case, everyone who has ever stayed for free in a friend or relative's home could claim they own it.

Re: Dissolution of Trust and tenant by Jake on March 10, 2012 @18:48	[ Reply ]

"My step-mother is living in the home we will soon own and has not ever paid any rent." Do step mothers usually pay rent? She may have a life tenancy in the home. Are you planning to just put her out on the street because, ya know, she is the step mother?

Re: Dissolution of Trust and tenant by Anonymous on March 10, 2012 @22:26	[ Reply ]

Generally, if the trust did not name her, she doesn't have rights to the property. You and your siblingss need some general information from an attorney versed in real estate. You may be able to take the trust papers in, your father's will, and get some valid advice. Is your great grandfather still living?

Re: Dissolution of Trust and tenant by EM (TX) on March 11, 2012 @15:14	[ Reply ]

If your current plan is to act based on what you "heard" the law was, spend an hour with an estates & trusts attorney. No offense, but given your ignorance of the law it will be worth every penny.