kill him
No. The trustee only has the power granted in the document that created the trust. If the trust was drafted properly, there are provisions in the trust document for the removal of the trustee and for appointing a new trustee. If not, then the matter can be brought before a judge and the court can remove a trustee who is violating the terms of the trust.
You shouldn't give out that advice at all. A trust must be drafted by an expert in trust law, state and federal tax law and estate planning. A trust where the trustor names themselves a trustee would fail as a valid trust for tax purposes. Please do not spread that advice.
You have standing as a beneficiary and should have a copy of the trust. You have an equitable interest in the trust property and the trustee is responsible while he is in charge. If you suspect that the trustee is borrowing against the trust, take him to court. If he is not performing his duties according to law the court will remove him as trustee.As a fiduciary the trustee is bound to do nothing that compromises anyone's rights under the trust. As a fiduciary the trustee has the obligation to grow the assets of the trust rather than waste them. If the trustee is making unsecured, no-interest loans to himself he is not making prudent decisions on behalf of the trust and is acting in conflict with the rights of the beneficiaries.Not providing a copy of the trust to the primary beneficary is illegal in some areas and can be cause for removal of the trustee, and in some cases for termination of the trust.
to get a basic concept between the difference of these two, there are basically three basic individuals involved in a trust. The trustor, the Trustee, and the beneficiary. The easiest way to understand this is by illustration. Trustor-------------------->Trustee----------------------->Beneficiary gives $ or property manages $ or property receives $ or use of property As an example, Anne (trustor or donor) wants to give $100,000 to her daughter Marie (the beneficiary), but does not want her to have access all of the money at once. Therefore, she gives the money to Hillary (the trustee) and tells her to only pay her daughter Marie 10,000 per year, over the next ten years. Now there would of course be other variables within this example such as management fees the trustor would charge, as well as accrued interest since the money would be held in a trust fund, but I'm trying to give a simple answer to a simple question.
The trustee of a trust is obligated to carry out the terms as they are set forth in the trust instrument. The trustee may exercise only the powers set forth and must distribute the income from the trust only as directed in the trust instrument. If the trustee acts in conflict with any provisions set forth in the trust they have breached their fiduciary responsibilities. If the trust is supervised by an attorney or on file at an attorney's office then make a complaint there first. You should ask to have a copy of the trust instrument if you are an interested party. The trust instrument may contain provisions for removal of a trustee. If none are provided you could petition the appropriate court to have the trustee removed and a successor trustee appointed. In Massachusetts that petition could be filed in probate court.
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.
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.
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 . . .
As a trustee, you have a fiduciary duty to act in the best interest of the beneficiary. If delivering funds to a beneficiary in jail could result in harm to the beneficiary or undermine the purpose of the trust, you may have the right to refuse distribution. Depending on the terms of the trust and applicable laws, seeking legal advice before making a decision is advisable.
show him he can trust you he is bond to give you money then because he can trust you and he knows you wont do anything stupid with it x
In general, you have the right to an accounting. You also have rights to distributions to the extent the trust agreement so provides. However, most trust agreements give the trustee the discretion on whether and when to make distributions.
With trust