I have a property deeded under my solo 401k TRUST. I need to file an eviction for a tenant that is not paying rent. I want to be able to represent myself when I go to trial, but I understand that a counsel is required if the property is under a business or a legal entity.
Can you tell me if I can still represent myself in a case like this?
ANSWER:
I understand that the context here is filing a legal action in order to evict renters from real estate owned by the Solo 401k.
Given this understanding, what is most important from a 401k perspective is that the action is brought in the name of the trust since the trust is the titleholder. The eviction procedures may even require that the action be taken by the owner.
Whether the solo 41k trust must be represented by counsel or not is not a 401k requirement - it appears that it may be a requirement of the court or other authority where the eviction action is being filed. Therefore, you could simply try to file as the trustee of the trust and see if the action is allowed to proceed without counsel. If not, you may practically have no choice but to obtain counsel.