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Do irrevocable trust trustees need to provide notice to beneficiaries when selling real property or dividing trust?
You need to review the provisions of any particular trust in order to find your answer. Each trust is managed according to the provisions chosen by the person who created the trust. Many trustees can only act at the direction of the beneficiaries. You need to look for that language in each trust document.
What else can I help you with?
Can the HOA put a lien on an irrevocable trust property?
It is unlikely that an irrevocable trust gives the property any immunity from liens.AnswerYes. If the property is owned by an irrevocable trust the HOA can place a lien against the property and the trust. The HOA should research the trust so that the present trustees can be mentioned on the lien. Although debts are sometimes difficult to collect from a trust, the property cannot be sold or mortgaged unless the lien is paid.
Can a grantor who is also the trustee break an irrevocable trust?
Warning! An irrevocable trust is not created when the grantor (trustor) is also the trustee. By transferring their property to a trust of which they are the trustee the grantor has retained control over the property. Irrevocable trusts are usually set up for tax purposes. The grantor cannot retain any control over the property in order for the trust to qualify as an irrevocable trust. The trust you describe has failed and left the trust property exposed to creditors and taxes. You need to consult with an attorney who specializes in trust law and tax law.
How does a beneficiary in a irrevocable trust remove a trustee from property?
They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.
Can a beneficiary be added to an irrevocable trust?
No. In order to protect the trust property from claims the beneficiary should not be their own trustee. That type of scheme makes the trust vulnerable to creditors and also makes a trust invalid in most jurisdictions.
Based on New York state law can an irrevocable trust have co trustees or is only one trustee permitted?
There can be two trustees, depends on the wording of the trust.
In law a person who finalises the transaction of as property to the beneficiary on express trust?
The person who finalizes the transaction of property to the beneficiary on express trust is typically known as the "trustee." Trustees are legally responsible for managing the trust assets in accordance with the terms of the trust and for distributing the property to the beneficiaries as outlined in the trust document. They have a fiduciary duty to act in the best interests of the beneficiaries and to follow the instructions of the trust.
Does executor of a trust have to let the beneficiaries of the trust monitor their activities?
Of course they do. The beneficiaries are entitled to an annual accounting and they should monitor the trustee closely. A trustee has sweeping powers over the trust property and it is easy for a dishonest trustee to convert that property to their own use. Every state has laws that govern trustees. Any trustee who resists providing a record of their actions to the beneficiaries should be brought to court. The court can compel the trustee to file an account and the court can remove the trustee if they fail to act responsibly.Of course they do. The beneficiaries are entitled to an annual accounting and they should monitor the trustee closely. A trustee has sweeping powers over the trust property and it is easy for a dishonest trustee to convert that property to their own use. Every state has laws that govern trustees. Any trustee who resists providing a record of their actions to the beneficiaries should be brought to court. The court can compel the trustee to file an account and the court can remove the trustee if they fail to act responsibly.Of course they do. The beneficiaries are entitled to an annual accounting and they should monitor the trustee closely. A trustee has sweeping powers over the trust property and it is easy for a dishonest trustee to convert that property to their own use. Every state has laws that govern trustees. Any trustee who resists providing a record of their actions to the beneficiaries should be brought to court. The court can compel the trustee to file an account and the court can remove the trustee if they fail to act responsibly.Of course they do. The beneficiaries are entitled to an annual accounting and they should monitor the trustee closely. A trustee has sweeping powers over the trust property and it is easy for a dishonest trustee to convert that property to their own use. Every state has laws that govern trustees. Any trustee who resists providing a record of their actions to the beneficiaries should be brought to court. The court can compel the trustee to file an account and the court can remove the trustee if they fail to act responsibly.
What is a realty trust?
Realty trust is an arrangement for holding title to real property under which one or more persons or corporations, under a written declaration of trust. They declare that they will hold any property that they acquire as trustees for the benefit of one or more undisclosed beneficiaries.
How long does a trustee have to notify beneficaries?
The timing for notifying beneficiaries can vary depending on the trust document, state laws, and the type of trust. However, trustees generally have a duty to inform beneficiaries about their interest in the trust within a reasonable time after the trust becomes irrevocable or upon the death of the trust creator. It is best to consult with an attorney familiar with trust administration to ensure compliance with relevant laws and the terms of the trust.
Do heirs get a copy of the trust?
The specific answer depends on state law. I am in Missouri and we are Uniform Trust Code state. The law here states, in short, that a qualified beneficiary of an irrevocable trust is entitled to a copy of the trust. So, if the heirs are beneficiaries of the trust, they may be entitled to a copy. What state are you in?
How do you find people named in a trust?
The only public information about many types of trusts is the names of the trustees, not the beneficiaries. You would need to provide some reason for the trustees to release this type of information to you.
When a revocable living trust becomes irrevocable at death can the sucessor trustees be changed by the current trustee?
Yes, if that power was granted in the trust instrument.
