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Yes, but not legally. A trustee who takes property from the trust without the permission of the trustor is stealing and can be prosecuted.
The maker of a trust has the right to decide what powers will be given to the trustee and all is set forth in the document that creates the trust. Trust law is extremely complicated and trust documents should be drafted by an attorney who specializes in trust and tax law. The trustee only has the authority granted in the trust.
However, a trustee has broad powers over the trust property and is in a position to steal from the trust. For that reason the trustor must choose a capable person as trustee, one with good character and good organization skills, one who has the time to manage the trust property and provide accountings of all their actions taken with respect to bank accounts and property.
Yes, but not legally. A trustee who takes property from the trust without the permission of the trustor is stealing and can be prosecuted.
The maker of a trust has the right to decide what powers will be given to the trustee and all is set forth in the document that creates the trust. Trust law is extremely complicated and trust documents should be drafted by an attorney who specializes in trust and tax law. The trustee only has the authority granted in the trust.
However, a trustee has broad powers over the trust property and is in a position to steal from the trust. For that reason the trustor must choose a capable person as trustee, one with good character and good organization skills, one who has the time to manage the trust property and provide accountings of all their actions taken with respect to bank accounts and property.
Yes, but not legally. A trustee who takes property from the trust without the permission of the trustor is stealing and can be prosecuted.
The maker of a trust has the right to decide what powers will be given to the trustee and all is set forth in the document that creates the trust. Trust law is extremely complicated and trust documents should be drafted by an attorney who specializes in trust and tax law. The trustee only has the authority granted in the trust.
However, a trustee has broad powers over the trust property and is in a position to steal from the trust. For that reason the trustor must choose a capable person as trustee, one with good character and good organization skills, one who has the time to manage the trust property and provide accountings of all their actions taken with respect to bank accounts and property.
Yes, but not legally. A trustee who takes property from the trust without the permission of the trustor is stealing and can be prosecuted.
The maker of a trust has the right to decide what powers will be given to the trustee and all is set forth in the document that creates the trust. Trust law is extremely complicated and trust documents should be drafted by an attorney who specializes in trust and tax law. The trustee only has the authority granted in the trust.
However, a trustee has broad powers over the trust property and is in a position to steal from the trust. For that reason the trustor must choose a capable person as trustee, one with good character and good organization skills, one who has the time to manage the trust property and provide accountings of all their actions taken with respect to bank accounts and property.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoYes, but not legally. A trustee who takes property from the trust without the permission of the trustor is stealing and can be prosecuted.
The maker of a trust has the right to decide what powers will be given to the trustee and all is set forth in the document that creates the trust. Trust law is extremely complicated and trust documents should be drafted by an attorney who specializes in trust and tax law. The trustee only has the authority granted in the trust.
However, a trustee has broad powers over the trust property and is in a position to steal from the trust. For that reason the trustor must choose a capable person as trustee, one with good character and good organization skills, one who has the time to manage the trust property and provide accountings of all their actions taken with respect to bank accounts and property.
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Can supplementary deed supersede trust deed?
The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.
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.
What does successor trustee mean?
A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.A trust is a legal relationship whereby an individual (the trustor) or group of individuals transfers title to their property to a trustee. The purpose is to protect the property from creditors, relatives, any claims or liens made against the individuals, to remove property from an individual's estate, to control how the property will be distributed at death, to minimize taxes, to protect assets from a spendthrift child or beneficiary, etc. The trustee must manage the trust property, pay over the profits from and protect the property according to the terms set forth in the trust instrument.A successor trustee is named to take over the responsibilities and powers of a trustee who has died, resigned or can no longer act for the trust.
What is the purpose of 'trust deeds'?
The purpose of trust deeds is to provide security for a loan by establishing a legal framework for the repayment of the loan. Trust deeds outline the terms and conditions of the loan, including the repayment schedule, interest rate, and consequences for default. They also allow the lender (trustee) to take ownership of the property if the borrower fails to repay the loan as agreed.
Can the trustee of a irrevocable trust buy the house in this irrevocable trust and take a loan out on the house to pay the other beneficiary?
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
What do you do if a sibling is trustee of a living trust and you feel he may be using funds from the trust for his own use in California?
If possible you should discuss the situation with the trustor and ask to have the trustee removed. If that's not possible you could start by asking for an accounting by the trustee. You have an equitable interest in the trust property and the trustee is responsible while he is in charge. If you suspect that the trustee is borrowing against the trust, take him to court. Court's do not look favorably on self-dealing by a trustee and can remove the trustee if it finds the trustee is violating the trust. As a fiduciary the trustee is bound to do nothing that compromises anyone's rights under the trust. As a fiduciary the trustee has the obligation to grow the assets of the trust rather than waste them. If the trustee is making unsecured, no-interest loans to himself he is not making prudent decisions on behalf of the trust.
Can you take a loan from a trust account?
It depends on the terms of the trust. If the terms permit it, and the trustee agrees, yes. If not, and/or the trustee does not agree, then no.
Parents put property in trust father passed away mother wants to take property out of trust. How does she do this?
You need to review a copy of the trust to determine who the trustee is and how the property can be transferred from the trust. You will need the assistance of an attorney to make certain it's done properly. Perhaps you could consult with your parents' attorney.You need to review a copy of the trust to determine who the trustee is and how the property can be transferred from the trust. You will need the assistance of an attorney to make certain it's done properly. Perhaps you could consult with your parents' attorney.You need to review a copy of the trust to determine who the trustee is and how the property can be transferred from the trust. You will need the assistance of an attorney to make certain it's done properly. Perhaps you could consult with your parents' attorney.You need to review a copy of the trust to determine who the trustee is and how the property can be transferred from the trust. You will need the assistance of an attorney to make certain it's done properly. Perhaps you could consult with your parents' attorney.
How can a beneficiary of a trust get a copy of the trust when the trustee won't give a copy and is borrowing against trust?
You have standing as a beneficiary and should have a copy of the trust. You have an equitable interest in the trust property and the trustee is responsible while he is in charge. If you suspect that the trustee is borrowing against the trust, take him to court. If he is not performing his duties according to law the court will remove him as trustee.As a fiduciary the trustee is bound to do nothing that compromises anyone's rights under the trust. As a fiduciary the trustee has the obligation to grow the assets of the trust rather than waste them. If the trustee is making unsecured, no-interest loans to himself he is not making prudent decisions on behalf of the trust and is acting in conflict with the rights of the beneficiaries.Not providing a copy of the trust to the primary beneficary is illegal in some areas and can be cause for removal of the trustee, and in some cases for termination of the trust.
Who is the trustee in a Deed of Trust?
A deed of trust is a deed that transfers ownership of real estate to a trust.Suppose William owns land and wants to transfer it to a trust in order to remove it from his individual ownership. William must have a trust drafted by an attorney and could name it the William's Family Trust. All the legally necessary provisions of the trust would be set forth in the trust document and a trustee would need to be appointed. Suppose the named trustee is Judith.William must transfer his land to the trust by executing a 'deed of trust' that names as the grantee Judith, as the trustee of the William's Family Trust. The grantee in a 'deed of trust' must be the trustee named in the trust document.A trustee's deed is a deed that transfers land from a trust. It must be executed by the trustee in office at the time of the transfer. Therefore, if the William's Family Trust decides to sell that property to Harry, the trustee's deed would recite Judith, as trustee of the William's Family Trust as the grantor, and Harry as the grantee.
How do you go to probate on a trustee when parents died 14 months ago and there was a will and a trust and bank accounts and she will not talk to us?
You should not have allowed the situation to go on for so long. The trustee is acting secretively and she should not have control over the trust property. You need to consult with a probate attorney in your area ASAP. The attorney should contact the 'trustee' by registered mail and insist that the will and trust be produced immediately. If the 'trustee' doesn't respond the attorney can petition the court to have an administer appointed for the estate. The administrator will have the authority to take control of the estate. If the 'trustee' has converted the trust or estate property to her own use then she should be sued and reported to the district attorney for prosecution.
Can a parent leave a house to a 16yr old by will?
Parents can leave property to minors in their wills. The court will appoint a trustee to hold the property in trust for the child. They will then take control when they are 18, or at the time the will specifies.
