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Can the sole trustee order the beneficiaries to clean and ready for sale the estate home?
Wiki User
∙ 16y ago
This question has many implications and possibilities. For example, if the beneficiaries had been living in the house and created a mess, then they may have to clean it or pay for the clean-up. Even if the beneficiaries were responsible for any mess, they cannot be ordered to do the physical work. Slavery was abolished long ago. Another item to consider is whether the trust document itself requires that they themselves clean the house. But even there, no one can make them do the work itself. There would probably be some penalty against them if they refused to do something the trust ordered them to do.
Wiki User
∙ 16y ago
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How long can a trustee of a trust keep information from beneficiaries after the death of the owner of trust?
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.
Can a beneficiary rent out estate real property and keep the proceeds to himself at the expense of other beneficiaries?
If that beneficiary inherited the property by himself- yes. If that beneficiary inherited the property along with other beneficiaries- no. Remember that the estate must be probated if it includes real estate in order for legal title to pass to the beneficiaries.
What rights do beneficiaries have regarding a trust?
Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.Beneficiaries have the right to have the trust administered exactly as provided in the instrument that created the trust. They should request copy in order to review those provisions. They also have a right to request an accounting of all monies and property coming into the trust and any going out. If the trustee will not cooperate the courts have jurisdiction. A petition can be filed to compel the accounting by a reluctant trustee. If a trustee continues to refuse to be cooperative the beneficiaries can request the removal of the trustee and the appointment of a successor, through the court.
How can a trustee be fired?
A trustee can typically be removed through a process outlined in the trust document or by a court order. This often involves showing a breach of fiduciary duty or misconduct on the part of the trustee. Beneficiaries or interested parties may need to petition the court for the trustee's removal.
Your uncle is executor and trustee and has allowed his wife to take personal items of your grandmother before allowing the beneficiaries in the house Is this legal?
Your uncle is in a fiduciary position and he owes a duty to the beneficiaries to perform his duties according to the letter of the law. He is also legally bound to follow the provisions of the will and trust TO THE LETTER. He has no right to distribute any property to non-devisees. You should report his behavior to the attorney who is handling the estate or to the court that appointed him. He should be removed as executor/trustee. You can request the court order him to return any property he distributed to his wife or its value. It is unacceptable for an executor/trustee in control of property to treat that property as his own and the court will not allow it.
What if the trustee doesn't want to relinquish the inheritance to the beneficiaries?
The trustee must follow the provisions of the trust or the will in which the trust was set forth. If they refuse you should bring an action in the court of jurisdiction where a judge will issue a court order that the trustee must follow. If they still refuse then they will be in contempt of court and you could ask the court for sanctions.
How does the beneficiary of a will prove to renters that he is the legal owner of the property?
In order for title to real property to pass to the beneficiary legally, the estate must be probated. The "beneficiary" needs to provide proof to the tenants that they are the new owner of the property. The beneficiary's source of title is the probated will filed in probate court. If the beneficiary wants to have the property conveyed to her/him by deed, that can be arranged through the attorney who handled the estate. A letter from the attorney who handled the estate would be the appropriate way to notify the tenants of the new ownership. In fact, the tenants should have some official notification of the change in ownership so they know they are paying their rent to the right party. You should discuss this matter with the attorney who handled the estate and get some legal advice about your new role as a landlord.
How do you execute a will with 6 grandchildren named as beneficiaries but the farm is to be managed by their parents during the parents lives?
You must consult with an attorney who specializes in probate law in your jurisdiction. The grandparent's estate must be probated in order for the legal title to the property to pass to the beneficiaries. The parents of those beneficiaries may have a life estate in the property. The attorney must review the Will, submit it to the probate court for allowance and administer the estate. Once the attorney has reviewed the situation and explained your rights and options, your questions will be answered.
How can real estate be removed from a trust?
You need to review the provisions in the document that created the trust to determine if the trustee has the authority to sell or transfer real estate. The trustee holds title to the trust property. If the power to sell is recited in the trust the trustee can execute a deed to transfer the property to a new owner. If the power to sell is not recited in the trust then you will need a court order to transfer title.
How do you change a trustee?
A trust is managed according to the provisions set forth in the document that created the trust. A properly drafted trust should contain a provision that addresses the removal of a trustee and the appointment of a new trustee. A properly drafted trust will name a successor trustee in the event the trustee dies or resigns or must be removed. If there is no such provision in the trust document then a judge must make the change by a court order. Most state laws require that some good cause be shown why a trustee should be removed. Such cause is shown if the trustee fails to operate the trust properly, fails to protect and invest the proceeds of the trust, engages in self-dealing with trust property, fails to obey court orders regarding operation of the trust and other actions which show the trustee is violating the fiduciary duty that all trustees owe to the beneficiaries. You should consult with an attorney who is familiar with trust law in your state who can review your situation and explain your options. Trustees have a duty to do what is best for the beneficiaries but always within the terms of the trust itself. Trustees do not take orders from beneficiaries.
Can you sell your house even if it in a trust?
You must review the provisions of your trust to determine if the trustee has the power to sell real estate. If not then you will need to seek a court order.
Is life insurance part of an estate?
If the life insurance policy designates that payment is to be made to a beneficiary other than the deceased or to his/her estate, the proceeds pass outside of the estate and do not become an asset of it. Instead, all other things being equal, proceeds are payable to named beneficiaries. Note, though, that in order to collect, the beneficiaries must file a proof of claim and otherwise provide documentation that the insurer requires (such as a death certificate).
