Generally, an agreement to make a will must be in writing. You would need written evidence signed by the decedent to prevail in such a claim. You should consult with an attorney in your area to determine what, if any, other evidence may be helpful.
If there is (1) more than one trustee; and, (2) the trustee-beneficiary cannot act as trustee unilaterally; and (3) the other trustee is not a beneficiary of the trust, yes. If the the trustee is also designated the beneficiary, the trust fails as illusory.
A trustee and a beneficiary are essential to a trust. Without a trustee and a beneficiary there is no valid trust. They should not be the same person.
No. The trustee has full control over the assets in the trust. In a 'blind trust' the trustee must be completely independent. If the beneficiary is the trustee then the trustee is not completely independent.
Yes, it is possible to be the sole trustee and sole beneficiary of a trust.
The lender is the beneficiary. The borrower is the trustor and the third party working for the lender is the trustee.
Determine who is the successor trustee
Not necessarily, another trustee will be appointed.
its a trust or a beneficiary.
The duration of a person's role as a trustee for a beneficiary can vary. It can be outlined in a trust document or decided by the terms of the trust. In some cases, a trustee may serve until the trust is terminated or until a successor trustee takes over.
Yes, a trustee can legally sue a beneficiary in a trust dispute if there is a valid reason for the lawsuit, such as breach of trust or misconduct by the beneficiary.
They most certainly may not! The entire purpose of the trust is to prevent the beneficiary from controlling the trust. The responsibility lies with the trustee to maintain the trust as it was set up. Actually, it depends on what kind of a trust is involved. For example, a Land Trust is beneficiary driven....meaning the beneficiary tells the Trustee what to do by letter of direction. Most all other types of trusts are Trustee driven and decisions are made by the Trustee. Randy Hughes
Fiduciary is essentially a trustee. It relates to the relationship between a trustee and a beneficiary when a trust is involved.