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Yes, a beneficiary can attempt to exert undue influence or pressure on a trustee to act in a certain way, but the trustee has a legal duty to act in the best interests of the trust and all beneficiaries. If a beneficiary's behavior crosses the line into harassment or coercion, the trustee may need to take legal action to protect the trust and its beneficiaries.
What else can I help you with?
Can a trustee sue a Beneficiary of a trust?
Since a beneficiary has no fiduciary responsibility to the trustee it is unlikely the trustee would encounter a situation where she would need to sue a beneficiary unless perhaps the beneficiary had stolen or damaged trust property. In that case a suit could be brought in the appropriate court. More common are suits by the beneficiaries against the trustee.
How long does a person remain a trustee for 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.
Does trustee have permission to sell your fathers house without beneficiary consent?
It depends on the terms outlined in your father's trust. If the trust grants the trustee the authority to sell the house without beneficiary consent under certain circumstances, then the trustee can proceed with the sale. However, if the trust requires beneficiary consent for the sale of the house, then the trustee would not have the authority to sell it without that consent.
Can a trustee refuse to give disbursements to a beneficiary under a living person's trust?
No. The trustee only has the power granted in the document that created the trust. If the trust was drafted properly, there are provisions in the trust document for the removal of the trustee and for appointing a new trustee. If not, then the matter can be brought before a judge and the court can remove a trustee who is violating the terms of the trust.
Is the settler the same as a trustee?
No, a settler is the person who creates a trust by transferring assets into it, while a trustee is the person or entity responsible for managing those assets in the best interest of the beneficiary of the trust.
Can there be a trustee and beneficiary to an irrevocable trust?
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.
Can the trustee and beneficiary be the same person in case of private trust?
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.
Can you be the sole trustee and sole beneficiary of a trust?
Yes, it is possible to be the sole trustee and sole beneficiary of a trust.
Is the banklender the trustee trustor or beneficiary?
The lender is the beneficiary. The borrower is the trustor and the third party working for the lender is the trustee.
Can the same person be both the beneficiary and the trustee of a blind trust?
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.
Who pay the trustee?
its a trust or a beneficiary.
Can a trustee legally sue a beneficiary in a trust dispute?
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.
When a trustee dies does the beneficiary of the trust get notified of what is in the trust?
Not necessarily, another trustee will be appointed.
What action do the beneficiary's of a land trust need to do when the trustee dies?
Determine who is the successor trustee
Can a trustee sue a Beneficiary of a trust?
Since a beneficiary has no fiduciary responsibility to the trustee it is unlikely the trustee would encounter a situation where she would need to sue a beneficiary unless perhaps the beneficiary had stolen or damaged trust property. In that case a suit could be brought in the appropriate court. More common are suits by the beneficiaries against the trustee.
Can beneficiary of trust tell a trustee what to do?
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
How long does a person remain a trustee for 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.
