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If you quit claim your house to your son and make the daughter the trustee who has the power?
Wiki User
∙ 15y ago
You are mixed up. You have mentioned two different transactions. You would need to choose one.
You could convey the property to your son by a quitclaim deed and he would be the new owner and have control over the property. OR, you could convey the property to your daughter as trustee for the benefit of your son and then she would have title to and control over the property as his trustee. He would have no power over the property in that case.
Whether you choose to convey the property to your son or to your daughter as trustee FBO your son you should seek the advice of an attorney to discuss your options. You may be able to set forth the trust in the deed or you may need to have a trust drafted to meet your requirements. In any case the transfer needs to be done properly by a professional.
Wiki User
∙ 15y ago
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Can a co trustee buy quit claim property from trust and transfer into own personal trust?
First, a trustee is the trustee of a TRUST. The house may be trust property. The powers of a trustee are set forth in the trust document. If the house is owned by the trust and the trustee has the power to sell real estate then yes, a trustee can convey the house.
If a house is placed in an irrevocable trust does the trustee have the right to borrow money to reinvest in the house for improvements and maintenance?
You need to review the powers granted to the trustee in the trust instrument. The trustee may need to get court order if the power to borrow money was not granted in the trust.
Can original trustee take back duties after turning over to successor trustee?
No. Not unless the power to reinstate herself as trustee was granted in the trust instrument. Generally, once a successor trustee is appointed the former trustee has no powers.No. Not unless the power to reinstate herself as trustee was granted in the trust instrument. Generally, once a successor trustee is appointed the former trustee has no powers.No. Not unless the power to reinstate herself as trustee was granted in the trust instrument. Generally, once a successor trustee is appointed the former trustee has no powers.No. Not unless the power to reinstate herself as trustee was granted in the trust instrument. Generally, once a successor trustee is appointed the former trustee has no powers.
What powers does a trustee have over a non-trustee of a irrevocable trust?
The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.
If a house was transferred to a living trust can it be sold?
You need to check the document that created the trust to find your answer. All the provisions of a trust and the powers of the trustee are set forth in that trust document. It creates a self governing entity. The trustee can only perform the functions set forth in the declaration. If the trustee has the power to sell real estate the trustee can execute a deed that conveys the property to a new owner. If there is no power in the trustee to transfer real estate explicitly recited in the trust document, then you will need to petition a court to issue a license to sell the real estate or reform the trust to include a power of sale.
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.
Can a trustee change the financial make up of the irrevocable generation skipping trust for the benefit of only one beneficiaries?
The trustee has only the power that is set forth in the trust document. You should review the trust document to determine if that specific power was granted to the trustee.
Can a set income from an irrevocable trust be increased by the trustee of the trust?
You need to review the terms of the trust to determine the extent of the trustee's power.
Who can sign on a irrevocable trust account?
The trustee must sign. The trustee is the only person who has the power to sign on behalf of the trust. It is their purpose.
What is the wording for a quit claim deed from an individual to her living trust?
First you must confirm that your trust meets the legal requirements in your state for holding title to real estate and that the trust has adequate provisions for the eventual disposition of the real estate. It must give the trustee the power to convey. The proper form for a deed to a trust is to recite the trustee as the grantee as follows: . . . hereby grant to Arthur Glaude, as trustee of the Rexford Riverbank Revocable Trust . . .
What is a person sent with the power to act for another?
power of attorney, executor, or executrix
Why Are safeguards needed in trust accounting?
Because a trustee has sweeping power over the trust property and a dishonest trustee could convert the trust assets to their own use quite easily. Beneficiaries should always insist on a regular accounting.Because a trustee has sweeping power over the trust property and a dishonest trustee could convert the trust assets to their own use quite easily. Beneficiaries should always insist on a regular accounting.Because a trustee has sweeping power over the trust property and a dishonest trustee could convert the trust assets to their own use quite easily. Beneficiaries should always insist on a regular accounting.Because a trustee has sweeping power over the trust property and a dishonest trustee could convert the trust assets to their own use quite easily. Beneficiaries should always insist on a regular accounting.
