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Q: Can a trustee with drawl money out of an account?
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What if the executor of a living trust spends all the money that was in a bank account to maintain the estate for his own personal use Now there is no money to maintain the estate.What can be done?

A living trust has a Trustee (not an executor). You can bring a lawsuit against the Trustee. In the lawsuit the trustee will have to show what was done with the money, and the court will judge whether it is against the law or not. The trustee has a fiduciary responsibility and if that is violated, and there is proof, the trustee will lose the lawsuit and you will win damages.


Should a Trustee for a family trust be paid?

Yes. There is a lot of work involved in being a trustee. The trustee needs to keep an account of all the money coming into the trust and all the money going out. The trustee must be extremely careful to not co-mingle their own funds with the funds of the trust or pay any of their own bills with trust funds. The account books for the trust should be made available to the trustor and the beneficiaries of the trust.


How do you put money that is your own in a bank account without using your own name?

You can put it into a trust account owned by an attorney; you can set up a trust of your own and open an account in the name of the trust, with a trustee's name; you can use the money to capitalize a new corporation of which you're the only shareholder and then deposit the money in the corporate account, among other ways.


Can you take your 401k out if you file chapter 7?

Your 401K account is exempt from creditors when you file BK. So leave the account alone. If you withdraw money and transfer it to another type of account, then the BK trustee can seize that money. Because of that, it is NEVER advisable to withdraw from your 401K when a BK is possible in the future.


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.

Related questions

Who puts money into an estate account?

Whoever is the trustee(s) of the trust for the estate is responsible for the account, including putting money in it.


Is a bank account balance shown as a debit?

No, a debit is a with-drawl from your account.


What happens when a trustee steals money from a trust account?

They have breached their fiduciary duties as a trustee. They can be brought up on a number of criminal charges or sued in civil court.


How can you get money that was in a savings account with stockport and district trustee savings bank in 1967?

To get money from a savings account from 1967, you will need some information proving that the account is yours. Contact the state unclaimed funds department in the state where the account was held and request your money.


Can you endorse a check payable to you as trustee under a revokable living trust over to you as an individual and then deposit it in your individual bank account?

no. It must be deposited in an account "owned" by the trust. Once in that account, the trustee(s) [i.e. you] can move the money wherever it needs to go ... including into your personal account.


You are trustee for your daughter's bank account the account name reads my name as trustee for daughter's name can IRS levy it for taxes you owe?

Probably not...however if they can show the funds in it were actually yours...then of course...and then the problems with commingling money as a trustee will start. That involves actual law inforcement, not the IRS.


What if the executor of a living trust spends all the money that was in a bank account to maintain the estate for his own personal use Now there is no money to maintain the estate.What can be done?

A living trust has a Trustee (not an executor). You can bring a lawsuit against the Trustee. In the lawsuit the trustee will have to show what was done with the money, and the court will judge whether it is against the law or not. The trustee has a fiduciary responsibility and if that is violated, and there is proof, the trustee will lose the lawsuit and you will win damages.


Should a Trustee for a family trust be paid?

Yes. There is a lot of work involved in being a trustee. The trustee needs to keep an account of all the money coming into the trust and all the money going out. The trustee must be extremely careful to not co-mingle their own funds with the funds of the trust or pay any of their own bills with trust funds. The account books for the trust should be made available to the trustor and the beneficiaries of the trust.


Is drawing account a debit or credit?

Drawings account is contra account to owner’s capital account to reduce the amount from capital account in case of owner with drawl of money from business that’s why it also has debit balance as default balance.


Is drawings a debit or credit?

Drawings account is contra account to owner’s capital account to reduce the amount from capital account in case of owner with drawl of money from business that’s why it also has debit balance as default balance.


What does it mean when someone has a savings account in their name but also has someone else's name on the account in trust?

When someone's name is on an account, it means they own the money in the account and have access to the account. When someone's name is on the account as beneficiary or "in trust for", it means they have future ownership of the funds in the case that the owner dies. Until that happens, the beneficiary has no ownership or access to the funds or information about the account. Sometimes, the trustee doesn't even know they are on the account as beneficiary. Example: "John Smith as trustee for Timmy Smith" or "John Smith in trust for Timmy Smith" John is owner, and has access. He is also known as "Trustee" Timmy is beneficiary, has no ownership or access until death of John Smith hope that helps * * * The trustee or owner of the money doesn't necessarily have to die for the beneficiary to gain access to the funds. Sometimes it is the Trustee's duty to release a little money at a time, over time. The point being the Trustee is in a position of trust having a "fiduciary duty" to the beneficiary, in this example the duty of releasing the money according to the owners wishes. The Trustee administrates the Trust, and might not be a beneficiary at all. The beneficiary has ownership under the law "in equity." The Trustee has ownership in common law until his fiduciary duties have been discharged. That said, Trust Law is a very unsettled branch of the law.


Can the IRS levy a bank account that is not yours but you are the trustee for that account?

No.