Yes. You should be able to review the trust. You can also ask for a regular accounting so that you can monitor the trustee's management of the trust property. If the trustee refuses you can file a motion in a court of equity to compel an inventory and accounting. You should consult with an attorney who can review your situation and explain your options.
Yes, as a beneficiary, you have the right to receive a copy of the trust document. The trustee, who is your sibling, has a duty to keep you informed about the trust and its administration. You can request a copy of the trust document from the trustee if you have not received one.
It would depend on the terms of the trust and the laws of the specific jurisdiction. Generally, the trustee has a legal duty to follow the terms of the trust and act in the best interest of the beneficiary. It may be challenging for the trustee to sue the trust to distribute funds to a sibling who was not named as a beneficiary.
Yes, a trustee can sue a beneficiary of a trust if there is a breach of trust or if the beneficiary has caused harm to the trust estate. The decision to sue typically requires approval from the trust instrument or court approval in some cases.
Yes, a beneficiary can attempt to exert undue influence or pressure on a trustee to act in a certain way, but the trustee has a legal duty to act in the best interests of the trust and all beneficiaries. If a beneficiary's behavior crosses the line into harassment or coercion, the trustee may need to take legal action to protect the trust and its beneficiaries.
The duration of a person's role as a trustee for a beneficiary can vary. It can be outlined in a trust document or decided by the terms of the trust. In some cases, a trustee may serve until the trust is terminated or until a successor trustee takes over.
It depends on the terms outlined in your father's trust. If the trust grants the trustee the authority to sell the house without beneficiary consent under certain circumstances, then the trustee can proceed with the sale. However, if the trust requires beneficiary consent for the sale of the house, then the trustee would not have the authority to sell it without that consent.
A trustee and a beneficiary are essential to a trust. Without a trustee and a beneficiary there is no valid trust. They should not be the same person.
As a trustee, you typically have a legal obligation to provide copies of the trust document and relevant information to the beneficiaries, including your brothers. This helps ensure transparency and accountability in the management of the trust and keeps beneficiaries informed about their rights and interests. It's important to follow the guidelines outlined in the trust document and consult with a legal expert if you have any questions about your duties as a trustee.
If there is (1) more than one trustee; and, (2) the trustee-beneficiary cannot act as trustee unilaterally; and (3) the other trustee is not a beneficiary of the trust, yes. If the the trustee is also designated the beneficiary, the trust fails as illusory.
The lender is the beneficiary. The borrower is the trustor and the third party working for the lender is the trustee.
No. The trustee has full control over the assets in the trust. In a 'blind trust' the trustee must be completely independent. If the beneficiary is the trustee then the trustee is not completely independent.
its a trust or a beneficiary.
Yes, a trustee can sue a beneficiary of a trust if there is a breach of trust or if the beneficiary has caused harm to the trust estate. The decision to sue typically requires approval from the trust instrument or court approval in some cases.
Only that property that is determined to be owned by the sibling. If property is owned jointly between the sibling and the remaining family, the remaining family may be forced to get a loan to pay the appraised value of the siblings share. As this Q is frequently referred to by those asking about a trustee that is a sibling.....a trustee is NOT the owner of any of the proerty he is trustee for...in fact, IT CANNOT be used for his personal needs.
Not necessarily, another trustee will be appointed.
Determine who is the successor trustee
They most certainly may not! The entire purpose of the trust is to prevent the beneficiary from controlling the trust. The responsibility lies with the trustee to maintain the trust as it was set up. Actually, it depends on what kind of a trust is involved. For example, a Land Trust is beneficiary driven....meaning the beneficiary tells the Trustee what to do by letter of direction. Most all other types of trusts are Trustee driven and decisions are made by the Trustee. Randy Hughes
Fiduciary is essentially a trustee. It relates to the relationship between a trustee and a beneficiary when a trust is involved.