Full question:
My husband died before he could give me use and possession of the home we live in. it was in his trust name. (life tenant) How can I get temporary use and posssession before his daughter who is trustee can evict me, before I raise the funds to buy the beneficiars out
- Category: Trusts
- Date:
- State: Maryland
Answer:
The situation depends on various factors, including whether your husband left a will. If he died without a will, his assets would be distributed according to state intestacy laws. However, property in a trust typically does not go through probate and is distributed according to the trust's terms.
If there are issues with how the trust is being managed, you can file a petition for an accounting or seek declaratory or injunctive relief. An injunction is a court order that requires someone to do or stop doing something. To obtain a preliminary injunction, you must show: (1) a strong likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) that it won't cause substantial harm to others; and (4) that the public interest would benefit from the injunction.
You can also request a declaratory judgment, which asks the court to clarify the legal rights of the parties involved. This is useful for determining legal relationships and rights without enforcing them immediately.
Relevant Maryland statutes include:
- § 3-203 EST. & TRUSTS: Elective share of surviving spouse.
- § 3-206 EST. & TRUSTS: Time to exercise right of election of surviving spouse; withdrawal of election.
- § 3-102 EST. & TRUSTS: Distribution to surviving spouse.
For specific guidance, it is advisable to consult a local attorney who can review your situation and documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.