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Can one trustee sell property in trust without second trustee's signature?
Wiki User
∙ 13y ago
That depends on the provisions set forth in the trust. You need to review the trust. The trust document may provide that any one trustee can act or it may require that both trustees join in any action taken by the trustees.
Wiki User
∙ 13y ago
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Can one trustee get a loan on property in trust without the signature of the other trustee's knowledge?
bank mortgage was never recorded with the county. what happens
Can an executor of a trust transfer land without the approval of all name in the trust?
First of all, there is no "executor" of a trust even if the trust was created in a will. The administrator of the trust is a "trustee". Second, the answer most likely lies in the trust document itself. The terms of the trust will usually spell out the powers of the trustee. If the trust gives the trustee full power to sell property at his/her own discretion, as many trusts do, then the trustee can sell land without the beneficiaries' approval. If the trust does not spell out the trustee's powers, then you look to the laws of the state where the trust was created. Every state has laws that specify what trustees can and cannot do if the trust does not so specify. Some states give trustees full power to sell without interference from beneficiaries. Some states require the trustee to ask for court permission to sell land. When they go to court for this, the beneficiaries may object and the court will decide if the sale is proper or not.
Can trustees sell property without sole beneficiary's approval?
You need to provide more details regarding the nature of the trust. Generally, if there is a trustee involved then title to the real estate is in the trust and not what you refer to as the "owner". The trust is the owner. The trustee powers are set forth in the document that created the trust. You need to review those provisions to ascertain the powers of the trustee for selling real estate.
What are duties of trustee?
The duties of a trustee typically include managing trust assets, making decisions in the best interest of the beneficiaries, keeping accurate records, and distributing assets as outlined in the trust agreement. Trustees have a fiduciary duty to act prudently and ethically in carrying out their responsibilities.
Can on a jointly owned property be changed without the other owner's signature?
You cannot make any changes to the other owner's interest in the property without that owner's consent and signature. For example, if you sell the property the grantee will only receive your own one-half interest.
If an offer on a property that is not having the mortgage paid because the owner is going brankrupt how does the potential buyer stand legally?
If the owner has filed bankruptcy the property cannot be sold. It is in the legal possession of the trustee in bankruptcy who cannot sell any property without the permission of the court. You can contact the court for the name and contact information of the trustee and direct any questions you may have to the trustee.
What can you do if an irrevocable trust was left to 5 beneficiaries and one tries to sale the property without the knowledge of others?
The title to property in a trust is in the name of the trustee. Only the trustee has the authority to sell the trust property. A sale by one of the beneficiaries would be void since the beneficiaries do not have title to the property. If the property is real estate, a deed from one of the beneficiaries would not convey the property and would not be acceptable to the buyer. The deed must be executed by the trustee as set forth in the trust instrument.
What happens to trust property on death of the trustee?
The self appointed trustee purchased a property as investment for his young son as beneficiary with the intention to manage it as long as necessary or until his death be passed on to his son without further ado. Is this position legally practicable in law?
Can your ex spouse take your name off of property deeds without your signature?
No, you are still entitled to all of your property unless the court says otherwise.
Can a co-trustee amend a living trust for the grantor?
Generally, all co-trustees must agree in order to amend a living trust for the grantor. If the trust document specifically grants one co-trustee the power to amend without the others, then that co-trustee may do so independently. It is important to review the trust document and seek legal advice to understand the specific powers and requirements outlined.
Can a trustee take the property placed in a trust?
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.
What is trustee-to-trustee transfer?
==One Answer== A trustee to trustee transfer is the legal method used to transfer an IRA or SEP (retirement accounts) account to another entity. For example, if you have an IRA certificate of deposit mature at one bank and wish to transfer it to another bank with a higher interest rate you are not allowed to cash out the CD and transfer it yourself. You need to fill out forms at the new bank and a trustee to trustee transfer will be done between the two banks. Once you have deposited funds into a personal retirement account you cannot withdraw the money yourself without incurring penalties. The banks act as your trustees.
