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You must review the instrument that created the trust to determine how a successor trustee must be appointed.
A trust will never fail just because of a lack of a trustee. If the instrument itself does not provide for a determination of a successor trustee, the parties in interest, whether they are present or future beneficiaries or even legitimate creditors of the trust, may apply to the appropriate court for the appointment of such a trustee. The parties may request the appointment of some particular person or entity. The court will generally appoint the requested person but it is not bound by such a request if the suggested person is somehow inappropriate for appointment.
Wiki User
∙ 13y ago
Wiki User
∙ 16y agoHe or she would likely be buried, after which an executor would dispense with his or her estate according to the will.
Wiki User
∙ 8y agoA properly drafted trust instrument has a provision for the appointment of a successor trustee. You need to review the particular trust to determine how to do so.
Wiki User
∙ 7y agoA new trustee is appointed. The trust itself may specify who and when this happens. The probate court can also appoint someone.
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What action do the beneficiary's of a land trust need to do when the trustee dies?
Determine who is the successor trustee
When a trustee dies does the beneficiary of the trust get notified of what is in the trust?
Not necessarily, another trustee will be appointed.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
What are the administrative duties of trustee after trustor dies?
You need to review the terms and provisions of the trust for your instructions.
What is the difference between a trustee and a successor trustee of an irrevocable trust?
The trustee is the person who presently has the authority to carry on the business of the trust. If the trustee dies, resigns or is for some reason unable to continue their duties then a successor trustee is appointed. A well drafted trust will name a successor trustee and a process by which successor trustees may be appointed. If the trust instrument fails to provide for the appointment of a successor trustee then a court of equity can be petitioned to make an appointment. Once appointed, the successor trustee has all the powers and duties of the original trustee.
Is there such a thing as a contingent trustee in a living revocable trust?
Yes. A trust document should contain a provision for a successor or alternate trustee in case the original trustee dies or cannot continue as trustee. The trust document can name the successor trustee of simply set up a process by which one can be appointed if necessary. Trusts should always be drafted by an attorney who specializes in trust law. Invalid trusts can cause problems that are costly to correct.Yes. A trust document should contain a provision for a successor or alternate trustee in case the original trustee dies or cannot continue as trustee. The trust document can name the successor trustee of simply set up a process by which one can be appointed if necessary. Trusts should always be drafted by an attorney who specializes in trust law. Invalid trusts can cause problems that are costly to correct.Yes. A trust document should contain a provision for a successor or alternate trustee in case the original trustee dies or cannot continue as trustee. The trust document can name the successor trustee of simply set up a process by which one can be appointed if necessary. Trusts should always be drafted by an attorney who specializes in trust law. Invalid trusts can cause problems that are costly to correct.Yes. A trust document should contain a provision for a successor or alternate trustee in case the original trustee dies or cannot continue as trustee. The trust document can name the successor trustee of simply set up a process by which one can be appointed if necessary. Trusts should always be drafted by an attorney who specializes in trust law. Invalid trusts can cause problems that are costly to correct.
What happens if Seller dies after signing contract?
If a seller dies after signing a contract then the contract is terminated. In the case of real estate the property may go to the state, a bank, or the trustee of the will.
Can you place a lien on a living trust once the trustee dies?
If you have legal grounds, bring an action in the appropriate court and obtain a judgment in your favor you can have the judgment lien recorded in the land records and served on the successor trustee.
If a trustee who is also one of 7 other beneficiaries of the trust dies before any trust assets are distributed what happens to the part of the trust that was to go to the trustee this is in Calif?
You need to review the trust document for the answer to your question. It should contain a provision for distribution of the share of a deceased beneficiary. If the trustee has died a new trustee needs to be appointed to make the distribution. The trust document should also have provisions for the appointment of a successor trustee.
What will happen if the trustee to a property dies and he hasn't named another trustee nor allocated funds to beneficiaries under the contract?
Trust law is extremely complicated. You need to have the trust document reviewed by an attorney who specializes in trust law. She/he can advise you concerning what your options are for having a successor trustee appointed.
When the beneficiary dies does the trustee then own the property in the trust?
No. The trust specifies what happens if the beneficiaries are no longer living. It could go to the beneficiaries' estates, or a remainder man, or to a charity. It is possible for the person who set up the trust to leave it to the trustee.
What if a trustee dies and the property in trust is under loan?
You must review the terms of the trust to determine how a successor trustee can be appointed. The successor can take over the duties of the trustee.You must review the terms of the trust to determine how a successor trustee can be appointed. The successor can take over the duties of the trustee.You must review the terms of the trust to determine how a successor trustee can be appointed. The successor can take over the duties of the trustee.You must review the terms of the trust to determine how a successor trustee can be appointed. The successor can take over the duties of the trustee.
