The trustee of a lifetime trust charged with selling the real property of the trust has a cause of action for the eviction of a person in possession of the property, even if that person is a beneficiary of the trust (EPTL 11-1.1 [b] [5] [A], [B]; Matter of Wellings, NYLJ, Apr. 26, 1989 at 26, col 6 [Sur Ct, Suffolk County]). [The Trustee] would be violating his obligation to the trust and its beneficiaries if he were to permit [The Squatting Sibling] to frustrate his attempts to sell the trust property by refusing to vacate the premises so that it can be readied for sale.
Accordingly, the petition is granted to the extent that an order may be entered granting possession of the subject property to the petitioner and the issuance of a warrant of eviction for the removal of Maynard Brower from the subject premises. The prayer for the imposition of back rent will require a hearing to determine the fair market rental value of the property. This matter will appear on the court's calendar for conference on April 6, 2011 at 9:30 a.m. to schedule the hearing.
The Court was also referred to the case of Hadar v. Pierce 974 N.Y.S.2d 399 (N.Y. App. Div. 2013) for the proposition that because the sale of the home required the approval of who ever is an active Trustee of the Trust, the squatting sibling obstinate opposition to cooperating in sale of the home provided grounds for her removal as a Trustee. If you are confronted with a situation like the one we are considering here, where someone won't get out, won't buy out and will probably need to be kicked out, Creedon & Gill can help you. ]]>