Does the executrix of a trust have the power to have someone removed from the trust property?

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Does the executrix of a trust have the power to have someone removed from the trust property?

Grandfather died when his grandson was staying at the home that is in a trust set up by grandfather. The 28 year old grandson who has no job is refusing to leave the property and has a pit bull also living in the house. This is creating a liability for the executrix of the trust whom is one of the four children and is also a beneficiary to the estate, as well as the other beneficiaries. Can I have the police escort my nephew from the property so that I can carry out my duties to protect the property and the contents?

Asked on July 31, 2011 Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation. Louisiana follows the Napoleonic Code, which differs somewhat from other state's laws.  It may or may not differ here.  But what an executrix will generally do is to start a formal eviction proceeding against the party refusing to leave - he is a squatter at this point in time - so that not only he can eventually be escorted out but the sheriff can take out his belongings as well.  You could get yourself in to trouble if you touch his things, even if you store them. It may be best to speak with a real estate attorney on the matter.  Good luck to you. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation. Louisiana follows the Napoleonic Code, which differs somewhat from other state's laws.  It may or may not differ here.  But what an executrix will generally do is to start a formal eviction proceeding against the party refusing to leave - he is a squatter at this point in time - so that not only he can eventually be escorted out but the sheriff can take out his belongings as well.  You could get yourself in to trouble if you touch his things, even if you store them. It may be best to speak with a real estate attorney on the matter.  Good luck to you. 


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