Can a trustee sue a beneficiary (the adult child of the deceased) for back rent where there is no lease or action to evict or collect rent? ...

Question

Can a trustee sue a beneficiary (the adult child of the deceased) for back rent where there is no lease or action to evict or collect rent? Can trustee offset this from beneficiary's share of trust?

Backstory: My mom lived with her parents taking care of them until they died. She lived rent free with them (paying some bills). Trust litigation ensued after their death, accusing her of elder abuse (she was given the house). She remained in the house after they died until the court order finding her liable for elder abuse (it was bs, but not worth getting into). While living there after their death she paid the interest on the mortgage and other maintenance, no rent. She moved out after the judge's order and the trustee's request for her to leave. I am now the beneficiary, but the trustee wants to offset unpaid rent from the time of death from my share. Under what theory would they be owed rent with no lease or oral contract to pay rent? Can they offset my share for a parent's debt? thanks!

Answer

Those are a lot of complicated facts to try to analyze without seeing the actual documents, including any orders. I don't know why you would be charged for rent your mother may owe unless you lived there too. Also, I would want to know what the difference is between the interest your mother paid and the fair market rent they want to surcharge you for? You need to meet with an attorney with your documents so they can evaluate the situation more fully.

Answer

Normally, a child would not be liable for a debt of a parent. If the trustee is withholding your money for the debt of your mother, that would probably be reversible. It may also be a violation of the Rosenthal Fair Debt Collection Practices Act. There are, however, many variables that would need to be examined to determine if this falls within the parameters of the Rosenthal Act.

Even if your mother were liable for any rent, the trustee would not be able to recover for anything beyond the statute of limitations period. The trust documents and orders and findings of fact from the elder abuse case would need to be reviewed to give you a definitive answer. You need to obtain copies of all of the trust litigation orders to see if the court found your mother liable for restitution. Good luck.