That will depend on the terms and conditions of the trust. Some allow for distribution for specific reasons.
The trustee shouldn't keep any information from the beneficiaries. They should contact the trustee by a registered letter and ask to review a copy of the trust. Since they are the beneficiaries they have a right to review the trust to make certain the trustee is following the terms of the trust. They should also request an accounting of the trust assets. If the trustee doesn't cooperate the beneficiaries can seek a court order. Situations involving trusts can be very complicated. The beneficiaries should seek advice from an attorney who specializes in trusts and probate law.
The beneficiaries are entitled to an accounting to make sure the trustee is not wasting the trust assets.
They must follow the distribution plan as provided in the will or by the law of the state. They cannot favor one beneficiary over another unless the beneficiaries agree. An executor is entitled to be compensated for their work, but they must have the approval of the court on the distribution.
If it is revocable, yes. If not, no. Exception: if you retained a power of appointment in the trust agreement, you may be able to change the beneficiaries to anyone included in the class of people described in the power of appointment.
Only in the Married Women Property Act policy, you need to make a trust and your wife and your children will be beneficiaries only. But you can not surrender or assign this policy to any one.
No. The trustee only has the power granted in the document that created the trust. If the trust was drafted properly, there are provisions in the trust document for the removal of the trustee and for appointing a new trustee. If not, then the matter can be brought before a judge and the court can remove a trustee who is violating the terms of the trust.
You must look to the trust document to determine how you make a change in the trustee. You must follow the provisions in the trust.
See related links for an example of a disbursement voucher form in Excel format.
To prepare a living trust, you will need to gather information on your assets and decide who will be the beneficiaries and trustees. You will also need to draft a trust document that outlines the terms and conditions of the trust. Finally, the trust document must be signed and notarized to make it legally binding.
A disinterested trustee is an individual or entity that serves as a trustee without any personal interest or stake in the trust's assets or its beneficiaries. This impartiality is crucial for ensuring that the trustee can make unbiased decisions that are in the best interests of the beneficiaries. Disinterested trustees help mitigate conflicts of interest and enhance the trust's integrity and transparency. They are often appointed to manage trust assets fairly and according to the terms set forth in the trust document.
The trustee has only the power that is set forth in the trust document. You should review the trust document to determine if that specific power was granted to the trustee.
A trust stands apart as an entity holding property and remains valid after a divorce. The trustee of a trust holds title to the trust property for the benefit of the beneficiaries named in the trust document. If a former spouse is named as a beneficiary the trust should be amended if the trustor wishes to make the present spouse a beneficiary instead.