Does the executrix of a trust have the power to have someone removed from the trust property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.