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my brother is the is in charge of my parents irrevocable will of trust can he remove me
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∙ 11y ago
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If trustee of trust is not despensing trust fund what do you do?
sue
How can i get access to a trust fund?
You cannot get access to a trust fund. A trust is managed by a trustee and the trustee is the only person with the authority to access the trust property. The trustee must manage the trust according to the provisions set forth in the trust document. If you are a beneficiary of the trust you should ask the trustee for a copy so that you can review the terms.
Recently my father died and left a trust fund to me and my 2 siblings. can one sibling invest the enitre trust fund without the consent of the others. why or why not?
You need to review the document that created the trust to determine what can and cannot be done with the trust property and who can do it. A trust is managed by a trustee. The trust document will tell you the identity of the trustee and will also set forth all the powers of the trustee.
Does a trustee of a discretionary trust have to reveal the amount of the trust fund to a discretionary beneficiary?
A beneficiary of a trust has the right to an accounting as a way to make certain the trust assets are not being wasted or mishandled by the trustee. A trustee does not have the right to operate in secret. A court can order an accounting.
How do you remove a trust from a deed?
The trust document should have a provision by which the trustee can transfer the property. You must follow the provisions in the trust for transfer by the trustee. Generally, in order to remove real property from a trust the trustee must execute a deed that conveys the property to a new owner.
What trust fund money can be used for?
It depends entirely on the terms of the trust. You should read the trust document (if there is one) or speak with the trustee.
Can a trustee refuse to give disbursements to a beneficiary under a living person's trust?
A trustee must follow the terms of the trust as outlined in the legal document. If the trust document allows for discretion regarding disbursements, a trustee may have the authority to refuse to make a disbursement to a beneficiary. However, the trustee must act in good faith and in the best interests of the beneficiaries.
Do all the heirs of a trust have to sign to remove an executor of a trust?
Trusts are managed by TRUSTEES not executors. You need to look to the language of the trust to see how a trustee can be removed. If there is no provision in the trust you will need to petition the court to remove the trustee and appoint a replacement.
Can I remove myself as trustee and dissolve the trust?
You need to review the terms of the trust to determine how it can be dissolved.
Can you be prosecuted for spending money from a trust fund?
Yes, you could be prosecuted. It is a crime to breach the fiduciary duty of a trustee.
Will set up a trust but trust was not funded can the executor raid the estate to fund fees for himself as trustee?
No, he cannot. The offices of testamentary trustee and exutor are separate and distinct from one another even if the same person is to serve as both. Compensation for a trustee comes out of the funds in the trust for work done by the trustee on behalf of the trust. If the trust is unfunded, there are no assets out of which to pay fees to the trustee. Also, if the trust is unfunded then the trustee has done nothing to earn any trustee fees. Compensation of trustees and executors is governed by state laws, so it is important to check the laws of the state of probate for the details.
If money from a trust fund has been spent would you still be able to locate the trust if so how do you go about collecting funds from said trust or can you?
You would need to review the document that created the trust to find the identity of the trustee and then contact the trustee. You can collect funds from the trust only if the trust document names you as a beneficiary.
