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Yes. They can and should be removed as soon as possible. Review the trust first to determine if there is power in the beneficiaries to remove the trustee and appoint a successor. If there is no such provision in the trust then an action can be brought in a court of equity asking that the trustee be removed and another trustee appointed.
What else can I help you with?
What is the appropriate amount for a trustee's fee and what can you do when you suspect the trustee is misusing the trust funds?
It depends, but could be 1% of total estate and you can petition the courts to have the trustee removed if you suspect misusing of funds.
What can be done if a trustee borrows estate funds but returns them?
A trustee who uses trust or estate funds for their personal use should be replaced. That is a violation of their fiduciary duty. They may not replace the funds the next time. You should petition the court to have them removed and replaced with a more trustworthy trustee or with co-trustees who could monitor each other.
Trustee took 08 refund What is the time legally for him to disperse money to creditors and return funds if any to the bankruptcy filer?
30 seconds Sam
What is a fiduciary account?
fiduciary account -- a savings account, the funds of which are owned by one individual but administered for that individual's benefit by another individual, such as a legally appointed conservator, trustee, or agent.
What if a trustee of an irrevocable trust is not being truthful about funds being spent can the trustee be removed?
The trustee should be required to file an account every year that can be reviewed by the beneficiaries of the trust. They have an interest in both the trust property and that the trustee not waste, misuse or steal any of the trust assets. If the trustee is being secretive then the trust should be reviewed for any provision that address the removal of the trustee and the appointment of a successor. If there are no such provisions IN the trust document, a petition should be brought to a court of equity. A judge can appoint a new trustee. Any trustee who refuses to be accountable to the beneficiaries is not "trustworthy".
What is the difference between and IRA trustee and an IRA Custodian?
Custodian has passive control vs. a trustee who can invest, funds etc.
What is a trust account used for?
When a bank or trust company holds money for a specific purpose this is called a trust account. A individual called a 'trustee' is accountable to administer the funds, in the manner legally described, to the beneficiaries.
If funds need to be used that are in a trust how do you get the funds out?
Funds that are held in trust are under the complete control of the trustee. The provisions of the trust dictate how the trustee will manage those funds. You need to review the terms of the trust with the trustee and determine how and if the funds can be accessed. If the terms of the trust are insufficient or there is no provision under which the trust property can be accessed then a court of equity has the power to modify the trust. You may need to seek the advice of an attorney who is familiar with trust law in your state.
What does TTEE mean?
TTEE is an abbreviation for "trustee." The trustee on a trust or on a other deposit account controls the assets in the trust or the funds in the account.
When is co trustee liable for a unauthorized act of another trustee?
A co-trustee is not responsible for the unauthorized acts of the other trustee unless she/he knew of the unauthorized acts and did not report them or facilitated them in any way. A trustee who mismanages trust funds is personally liable.
Should a Trustee for a family trust be paid?
Yes. There is a lot of work involved in being a trustee. The trustee needs to keep an account of all the money coming into the trust and all the money going out. The trustee must be extremely careful to not co-mingle their own funds with the funds of the trust or pay any of their own bills with trust funds. The account books for the trust should be made available to the trustor and the beneficiaries of the trust.
When a beneficiary is designated solely to distribute funds to children?
That person is said to hold the funds IN TRUST for the children and is therefore a trustee.
