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The trust instrument should provide for the appointment of a successor trustee and for the distribution of the trust property. If it doesn't then a judge will need to address the issue.
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∙ 15y ago
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Delegate vs trustee?
A delegate is a person who represents a whole party. A trustee is a person who is given legal ownership of something for someone else benefit.
What does it mean when someone has a savings account in their name but also has someone else's name on the account in trust?
When someone's name is on an account, it means they own the money in the account and have access to the account. When someone's name is on the account as beneficiary or "in trust for", it means they have future ownership of the funds in the case that the owner dies. Until that happens, the beneficiary has no ownership or access to the funds or information about the account. Sometimes, the trustee doesn't even know they are on the account as beneficiary. Example: "John Smith as trustee for Timmy Smith" or "John Smith in trust for Timmy Smith" John is owner, and has access. He is also known as "Trustee" Timmy is beneficiary, has no ownership or access until death of John Smith hope that helps * * * The trustee or owner of the money doesn't necessarily have to die for the beneficiary to gain access to the funds. Sometimes it is the Trustee's duty to release a little money at a time, over time. The point being the Trustee is in a position of trust having a "fiduciary duty" to the beneficiary, in this example the duty of releasing the money according to the owners wishes. The Trustee administrates the Trust, and might not be a beneficiary at all. The beneficiary has ownership under the law "in equity." The Trustee has ownership in common law until his fiduciary duties have been discharged. That said, Trust Law is a very unsettled branch of the law.
Does a deed of trust grant ownership rights?
A deed of trust as part of a mortgage transaction transfers title to the mortgaged property to a trustee until the mortgage is paid in full. When the mortgage has been paid off the trustee must transfer the property back to the owner. The trustee has no actual "ownership rights" since it acts as only a holder of the title until the note is paid.A deed of trust as part of a mortgage transaction transfers title to the mortgaged property to a trustee until the mortgage is paid in full. When the mortgage has been paid off the trustee must transfer the property back to the owner. The trustee has no actual "ownership rights" since it acts as only a holder of the title until the note is paid.A deed of trust as part of a mortgage transaction transfers title to the mortgaged property to a trustee until the mortgage is paid in full. When the mortgage has been paid off the trustee must transfer the property back to the owner. The trustee has no actual "ownership rights" since it acts as only a holder of the title until the note is paid.A deed of trust as part of a mortgage transaction transfers title to the mortgaged property to a trustee until the mortgage is paid in full. When the mortgage has been paid off the trustee must transfer the property back to the owner. The trustee has no actual "ownership rights" since it acts as only a holder of the title until the note is paid.
Does power of attorney end at death if there is a clause that says it remains in effect until a trustee is appointed?
Power of attorney ends at death. A revocable and irrevocable trust with a trustee and benaficiarys would continue from life thru death. This would be a better option if your trying to hold on to property.
What happens to ownership of a car on death?
It is a part of the estate.
Selling property with Trustee on deed?
This might indicate that at least part of the ownership was held in trust, and the trustee represents the trust. One or more authorized trustees of the trust must sign the deed or authorize someone else to sign with a proper power of attorney.
What are the capital gains tax advantages to selling a primary residence held by a living trust if it is sold while the Trustee is still living?
The question is ambiguous, but generally, there is no particular advantage to capital gains for a trust v. an individual. It's still the same rate.
Can a trustee obtain a second mortgage under an irrevocable trust if the grantor is now deceased?
The trustee must always look to the trust to determine what powers the trustee has in managing the trust property. All the powers of the trustee are set forth in the trust. If the power to mortgage the trust property is not included then a judge would need to make that possible. You should speak with an attorney who can review your situation and determine what your options are.
Can you hold ownership of real estate through a secondary contract without being on the deed?
NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.
What happens to trust property on death of the trustee?
The self appointed trustee purchased a property as investment for his young son as beneficiary with the intention to manage it as long as necessary or until his death be passed on to his son without further ado. Is this position legally practicable in law?
How does bankruptcy affect timeshare ownership if the timeshare is co-owned by 2 people on the lease?
In theory, the trustee could sell your interest in the timeshare to any willing buyer. The trustee might even offer to sell your interest to the other co-owner. However, the trustee may determine that it isn't worth the hassle of selling and could abandon the property back to you.
Why must the trustee of an irrevocable insurance trust make the premium payment?
As trustee that is their responsibility.As trustee that is their responsibility.As trustee that is their responsibility.As trustee that is their responsibility.
