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Who should the trustee make distributions to when trust says distributions must be made to the settlor's kids during the settlor's wife lifetime but wife is dead and trust is silent as how to proceed?
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∙ 14y ago
The trustee has only the power to carry out the provisions set forth in the trust. If the trust was poorly drafted you need to petition a court to make a disposition of the trust property.
Wiki User
∙ 14y ago
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What are the Rights as trust beneficiary?
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.
Does a trustee have the authority to distribute funds to beneficiaries in a controlled manner such as for education and medical if beneficiary is under age?
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Recently learned I am beneficary of a discretionary trustee will with solicitors acting as trustees keen to learn just what powersinfluence they will have on how when and what monies they can releas?
As a beneficiary of a discretionary trust, the solicitors acting as trustees will have the power to make decisions on whether, when, and how to distribute the trust funds to the beneficiaries. Their decisions will be based on the terms outlined in the trust deed, which will detail the criteria for distributions and the beneficiaries' interests. It is advisable to review the trust deed and consult with the trustees or legal counsel to understand how the trust will operate.
Two sisters inherit a home that deceased parents left them in a trust My own home is into foreclosure is there a way I can force sister to borrow off the beach house to buy me out?
What beach house? Who is the trustee? However, the answer is probably no. The trustee typically has discretion on when and how to make distributions from the trust.
Can a trustee change the distribution of a trust after the other trustee dies?
No. Not unless that power was granted in the provisions of the trust. The only powers a trustee has are those specifically recited in the instrument that created the trust. Any changes not allowed by the provisions in the trust must be made by a court.
Can the trustee of a q tip trust dissolve the trust before the demise of the lifetime beneficiary without the consent of the residual beneficiaries in the state of New Jersey?
A trustee has only the powers that are provided in a trust instrument. Since a Q Tip Trust is created in a will by a testator who desires to preserve the trust property for his children, it is doubtful a testator would grant the power to dissolve the trust to the trustee. Therefore, if the will did not specifically grant that power to the trustee the answer to your question is no.
Revocable Trust?
Revocable Trust(Download)______________, referred to herein as SETTLOR, and _____________, referred to herein as TRUSTEE, (the singular term “TRUSTEE” shall refer to multiple TRUSTEES if multiple TRUSTEES are appointed) in consideration of the covenants and undertakings herein agree:ARTICLE ICONVEYANCE OF PROPERTY TO THE TRUSTEESETTLOR herewith assigns and conveys to the TRUSTEE, the property described in Exhibit “1” hereto. All of said property, together with any income, accessions and additions herein, shall be held by the TRUSTEE in trust for the purposes set forth in this revocable living trust.ARTICLE IIREVOCATIONSETTLOR hereby reserves the right to revoke this trust at any time, by written instrument. Revocation shall be effective upon mailing or delivery to the TRUSTEE of a notice of revocation.TRUSTEE may resign upon ____ days prior written notice to the SETTLOR. For purposes of this agreement, notices shall be delivered as follows:TO SETTLOR____________________________________________________________________________________TO TRUSTEE_________________________________________________________________________________ARTICLE IIISUCCESSORS TO THE TRUSTEE. ADDITIONAL TRUSTEESThe SETTLOR during his lifetime may from time to time add additional TRUSTEES by notice to the then existing TRUSTEES. In the event there are multiple TRUSTEES, the majority shall in any matter in which the TRUSTEES disagree control. In the event that the TRUSTEES are evenly divided in the actions to be taken, the TRUSTEE with the longest tenure of service shall cast an additional vote to determine the matter.In the event that any TRUSTEE resigns or is unwilling or incapable of acting, during the SETTLORs lifetime, the SETTLOR shall name additional or replacement TRUSTEES. After the SETTLORS death, _____________ shall name the replacements for any TRUSTEES who resign or are unwilling or incapable of acting. If ________ _______ is unwilling or incapable of acting, _____________ shall name the same. In the event that _____________ shall be unwilling or incapable of acting, the Court having jurisdiction over estates and trusts, located in ________ County, State of _________ shall name the successor TRUSTEES.ARTICLE IVWITHDRAWALS BY SETTLORThe SETTLOR may from time to time withdraw any portion of the corpus of the trust (whether capital or interest) by written notice to the TRUSTEE. The TRUSTEE shall be acquitted of all further responsibility for any assets so delivered upon receipt by the SETTLOR.ARTICLE VPOWERS OF THE TRUSTEEThe TRUSTEE shall have the power to do all acts, institute all proceedings and exercise all rights, powers and privileges that an absolute owner of the trust property would have, subject always to the discharge of trustees fiduciary responsibilities.I further direct that the TRUSTEE shall act without bond. Further, this TRUST shall be administered without the necessity for an administration thereof to be through the court system.No entity dealing with the TRUSTEE shall be required to investigate or to confirm the TRUSTEEs authority to enter into any transaction or to administer the application of the proceeds of any transaction.ARTICLE VICOMPENSATION OF TRUSTEEIf the TRUSTEE is an individual, then the TRUSTEE shall serve without compensation, but with reimbursement for reasonable and ordinary expenses. Nevertheless, the TRUSTEE if an attorney shall be entitled to compensation for legal services rendered to the trust, or if an accountant, for accounting services rendered to the trust.If the TRUSTEE is a corporation or banking entity, it shall be entitled to customary, reasonable and ordinary charges and expenses incurred in rendering services to the estate.ARTICLE VIDISPOSITION OF TRUST PROCEEDSAfter paying the necessary expenses incurred in the management and investment of the trust estate, including compensation as provided for herein, the TRUSTEE shall accumulate the same during the lifetime of the SETTLOR.After SETTLORs death the TRUSTEE shall distribute the net income of the TRUST the following manner:_________________________________________________________________Should any beneficiary named above die, the TRUSTEE shall distribute the net income to the lineal descendants of the beneficiary. If any beneficiary dies and is not survived by lineal descendants, the distributions from the TRUST shall be adjusted to pro-rata increase all other shares.ARTICLE VIIINVASION OF PRINCIPALAfter SETTLORs death, the TRUSTEE may apply so much of the principal of the trust for the use of the beneficiaries at such time or times as in trustees discretion TRUSTEE may deem advisable for their health, education, support and maintenance. Any amounts so applied to the use of any beneficiary shall be charged against, or deducted from, the principal of any share then or thereafter set apart for said beneficiary.ARTICLE VIIINON-ASSIGNABILITY OF THE TRUST PROCEEDSThe interest of the beneficiaries of this trust shall not be assignable, and beneficiaries shall not have the right to pledge, assign, convey, or otherwise transfer, lien or encumber any portion of the income or principal of the trust. All payments provided for by the beneficiaries herein shall be made directly to them or their guardians as is provided herein.ARTICLE VIIIDISTRIBUTIONS TO MINOR OR INCOMPETENT BENEFICIARIESThe TRUSTEE in his discretion may make payments of income or principal to any minor or incompetent beneficiary by paying the same to the minor or incompetents guardian, or to the person having control over the minor or incompetent, or by direct expenditure for the benefit of the minor or incompetent. However, the TRUSTEE may also pay an allowance in such amount as he may fit from time to time to the minor or incompetent. Further, in the discretion of the TRUSTEE the distributions for a minor or incompetent beneficiary may be accumulated and shall thereupon be paid to the minor or incompetent upon their disability being removed. Any payment under this Section shall operate as a full discharge of the TRUSTEE as to such payment.ARTICLE VIIIACCOUNTINGSThe TRUSTEE shall, after the death of the SETTLOR provide a semi-annual accounting to all competent, adult beneficiaries detailing the transactions, if any, of the trust. The same shall not be required to be audited, although the TRUSTEE may, in his sole discretion, may cause an audit to be performed from time to time.ARTICLE IXLIQUIDATION OF TRUSTIf at any time the total of the principal and income of the trust is less than $ __________, the TRUSTEE, may in his absolute discretion, close out the trust by paying the proportionate shares of each beneficiary to them. The TRUSTEE shall at that time deliver a final accounting to each beneficiary. Upon payment, the TRUSTEE shall be discharged from all further duties.ARTICLE XPERPETUITIES SAVINGS CLAUSENotwithstanding anything to the contrary herein contained, the trust created by this agreement shall cease and terminate as is provided in Section IX, 21 years after the death of the last survivor of trustors and all issue of trustors living at the date of this agreement.ARTICLE XIDISTRIBUTION OF DIVISION IN KINDOn any distribution from the trust, whether it be an ordinary distribution or one of principal, or a final distribution, the TRUSTEE may apportion and allocate the assets of the trust estate in cash and partly in kind, in TRUSTEEs discretion. The valuation, whether based on an appraisal, or not, made by the TRUSTEE shall be binding on the beneficiaries.ARTICLE XIILITIGATION OR COMPROMISE OF CLAIMSThe TRUSTEE may compromise, or abandon, at TRUSTEEs option any claim or claim against the trust, or subject the same to arbitration. Or, the TRUSTEE, in his absolute discretion, may litigate any claim in favor of or against the estate.ARTICLE XIIINOTICE OF EVENTSUntil the TRUSTEE receives notice of any death, birth, marriage, or other event on which the right to receive distributions is based, the TRUSTEE shall incur no liability for any disbursements or distributions made in good faith. This clause shall not prevent the TRUSTEE from seeking restitution of any payments made in error in his discretion.ARTICLE XIVDEFINITIONS- GOVERNING LAWThe words “child”, “children”, “descendants” and “issue” shall include children legally adopted and the lawful descendants of such adoptees.This trust shall be governed by the laws of _________.ARTICLE XVSEVERABILITYIf any provision herein is found by a court of competent jurisdiction to be invalid, the remainder shall govern.Dated: __________________________________________________________________________________STATE OF _________COUNTY OF _________________________, being duly sworn states that they executed this instrument for the purposes stated herein.___________________________________________________Notary PublicMy Commission Expires: ___________________Revocable TrustReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. This is a standard revocable trust document. Feel free to modify it to suit your purposes.1. Make multiple copies. Keep extras for filing with any registry of deeds if required. Keep a copy with the transaction file.
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.
Can convicted felons be a trustee in Florida?
What kind of "trustee?" "Trustee" for WHAT?
How do you remove an appointed trustee from the board of trustee?
What is a life of Trustee.
What is the possessive form of trustee?
The possessive form of "trustee" is "trustee's." For example, "The trustee's decision was final."
Can original trustee take back duties after turning over to successor trustee?
In general, once a trustee transfers their duties to a successor trustee, they no longer have the authority to take back those duties without the approval of the beneficiaries or a court order. It is important to follow the terms outlined in the trust document and seek legal advice if there is a dispute or question about trustee responsibilities.
