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You are mixing your terms. A will provides instructions regarding the distribution of a person's estate after they have died. A will must be probated after the death of the testator.
A trust is not probated. It is created to hold title to property so the property is not included in a person's estate. It is created by a living person who then transfers their property to the trustee of the trust. A trust is then managed by trustee according to the provisions in the trust document.
A trust and a will are not the same. See related question link provided below.
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How does a beneficiary in a irrevocable trust remove a trustee from property?
They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.
Can the surviving Trustor change the Co-Trustees of the decedent Trustor's trust?
The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.
Do trustees hold legal titles to trust assets?
Yes. A trust is set up for the purpose of enabling the legal title of the trust property to be held by the trustees. The trustees have the legal power to deal with the trust property according to the provisions set forth in the trust document only.
After the original settler of the trust appointed two trustees then died can the two trustees appoint a third trustee?
Typically, the power to appoint a trustee would have been granted by the settlor in the trust instrument. If the trust instrument allows for the remaining trustees to appoint a third trustee, then they would be able to do so. It is important to review the specific terms of the trust document to determine the trustees' authority in this situation.
Is a trust probated as a will is probated?
Trusts are different than an estate, but it will be monitored by the same court.
When does a trust or will have to be probated in Ohio?
Trusts are not probated. In fact, people transfer their property to trusts in order to avoid probate. A trust is managed according to the provisions set forth in the particular trust document. An estate must be probated if the decedent owned any property at the time of death.
Based on New York state law can an irrevocable trust have co trustees or is only one trustee permitted?
There can be two trustees, depends on the wording of the trust.
Is it legal for the trustee of a never probated trust to change the title on a property from The Jane Doe Trust to the trustees name as his sole and separate property and then get a loan?
Your question still lacks detail. Trusts are not probated. if a trust is set up in a will and the testator has died the trustee has no power at all until the will has been probated. Banks have the title checked to make sure the person applying for the mortgage has legal title to the real property. The situation you describe just doesn't make sense. You can go to the land records office and review a copy of the mortgage. Check to see what the mortgagor cited as his/her source of title.
How do i find out if I am named in a trust?
Ask one of the trustees.
What is a group of companies run by trustees?
It is known as a Trust.
How many trustees should a family trust have?
boo
Do you probate living trust?
No, a living trust does not get "probated" the way a will is probated. Wills are probated, meaning proved, because the person who did the will is deceased and the witness to the will have to swear that that person did sign the will properly in their presence. The living trust is like a deed to a house. It is effective simply by its terms the the person who created it has set it up. While traditional probate is not required, some states provide that the trust should be filed with the probate court in order to have identifying documentation issued to the trustees.
