Question: Can The First Trustee Of A Trust Make The Decision As To How Personal Property Is Div Ided?

Does a trustee make decisions?

The Trustee makes the decisions, and the beneficiaries reap the rewards. Of course, sometimes the Trustee makes the decisions and the beneficiaries reap the burden of those decisions. For example, a Trustee who makes a bad decision can cause monetary damage to the Trust assets.

Can trustee sell property without all beneficiaries approving?

The trustee usually has the power to sell real property without getting anyone’s permission, but I generally recommend that a trustee obtain the agreement of all the trust’s beneficiaries. If not everyone will agree, then the trustee can submit a petition to the Probate Court requesting approval of the sale.

Does the trust or trustee own the property?

The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage the trust to the benefit of the equitable owners.

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Can a trustee change the terms of a trust?

Generally, a successor trustee cannot change or amend a trust. Most trusts are initially managed by their creator or original trustee, while they are still alive and competent. But after their passing, a successor trustee must step in to take legal title to assets and administer the trust according to its terms.

What a trustee Cannot do?

The trustee cannot grant legitimate and reasonable requests from one beneficiary in a timely manner and deny or delay granting legitimate and reasonable requests from another beneficiary simply because the trustee does not particularly care for that beneficiary. Invest trust assets in a conservative manner.

What power do trustees have?

Powers of maintenance and advancement A trustee has the power (in his absolute discretion) of advancement. This means that he may pay or apply capital money for the ‘advancement or benefit’ of any person entitled to the capital of the trust property (even if his entitlement is contingent or defeasible).

Can a trustee do whatever they want?

The trustee cannot do whatever they want. They must follow the trust document, and follow the California Probate Code. More than that, Trustees don’t get the benefits of the Trust. The Trustee, however, will not ever receive any of the Trust assets unless the Trustee is also a beneficiary.

Can a trustee take all the money?

Only the trustee — not the beneficiaries — can access the trust checking account. They can write checks or make electronic transfers to a beneficiary, and even withdraw cash, though that could make it more difficult to keep track of the trust’s finances. (The trustee must keep a record of all the trust’s finances.)

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Can a house be sold if its in a trust?

When selling a house in a trust, you have two options — you can either have the trustee perform the sale of the home, and the proceeds will become part of the trust, or the trustee can transfer the title of the property to your name, and you can sell the property as you would your own home.

Can a trustee live in a trust property?

While the Settlor is alive, the Trust is administered solely for his or her benefit. Of course, a Trustee who is NOT a beneficiary cannot live free in Trust property because that would be a conflict of interest and a breach of duty for the Trustee. But even as a Trustee/beneficiary, living rent free is not allowed.

Can the owner of a trust be the trustee?

Some trusts do allow the grantor to serve as trustee of his or her own trust. In fact, it’s the norm for most revocable living trusts. Assets that you control as trustee may be vulnerable to creditors and civil judgments.

Can a trustee refuses to pay a beneficiary?

The trustee’s authority, however, is not absolute; it’s subject to the superior authority of the probate court and the fiduciary duties of loyalty and care imposed on all trustees by state law. For this reason, a trustee may not arbitrarily refuse to pay a beneficiary out of the assets of the decedent’s estate.

What happens if trustee does not follow trust?

If a trustee fails to follow through on their responsibilities, they can be held liable for fiduciary breaches. If a trustee has breached their fiduciary duty, a beneficiary has several options: Contact an attorney to help communicate with the trustee.

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How does a beneficiary get money from a trust?

The trust can pay out a lump sum or percentage of the funds, make incremental payments throughout the years, or even make distributions based on the trustee’s assessments. Whatever the grantor decides, their distribution method must be included in the trust agreement drawn up when they first set up the trust.

How long does a beneficiary have to contest a trust?

Timeline for California Trust Contests A Trust contest must be commenced within 120 days after a beneficiary is given notice by the Trustee under Probate Code section 16061.7. The notice provides specific information that must be given to the Trust beneficiaries. Once the notice is mailed, the 120-day period begins.

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