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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.
What else can I help you with?
Can living trust be created for a minor and can they be the trustee?
A living trust for the benefit of a minor can be created but the minor cannot be the trustee. (One problem is that a minor cannot sign any legal documents.) The most common mistake made by non-professionals is not creating a proper distance between the trust property and the grantor, and the trust property and the beneficiary. If the proper legal distance isn't maintained the trust property will be exposed to creditors and other claims and the very purpose of the trust will be defeated. The trustee and the beneficiary should not be the same person. Trust errors can be very costly to correct. Trust law is extremely complex and a trust should always be drafted by a professional.
Can an heir who is the trustee of his sister's special needs trust sue her trust to get money for another sibling who was written out of the will?
No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.
Minimum age of trustee in a living trust?
The minimum age for a trustee in a living trust is typically 18 years old. However, it is advisable to choose a trustee who is mature, responsible, and capable of managing the trust assets effectively.
What rights does a trustee have in a living trust against harassment?
A trustee of a living trust has the right to administer the trust as outlined in the trust document and in accordance with the law. If the trustee is being harassed or experiencing interference with their duties, they may have the right to seek legal remedies such as obtaining a restraining order or taking legal action against the harasser.
How can a trustee in a will be changed?
A trust set forth in a Last Will is called a testamentary trust. While the testator is living they can change the trustee in their testamentary trust simply by executing a codicil and attaching it to the Will. However, once the testator has died, only the court can appoint a new trustee if a new trustee becomes necessary and a successor was not named in the Will.
How can you find information on a persons living trust?
If the person is deceased, you can contact the trustee if you know who the trustee is.
How does bankruptcy affect a beneficiary on the living persons' bank account?
by putting u in debt
Can filing bankruptcy affect a living trust?
Yes. If the trust is not a true trust (i.e., the settlor, trustee and beneficiary are all the same person) or if the trust is revocable, the trustee can pursue the trust assets. If the debtor is the beneficiary of a living trust and can or has gotten a distribution of some of the trust assets, the trustee may be able go after the assets to the same extent the debtor is eligible to receive a distribution. It may be possible to negotiate a settlement of less than the full amount of the assets with the trustee.
When the beneficiary dies does the trustee then own the property in the trust?
No. The trust specifies what happens if the beneficiaries are no longer living. It could go to the beneficiaries' estates, or a remainder man, or to a charity. It is possible for the person who set up the trust to leave it to the trustee.
Can a power of attorney collect life insurance for a beneficiary on their behalf?
No, not without that persons consent. Not to mention that person would have to qualify.
Can you sell a revocable living trust?
If I am the beneficiary of a revocable living trust which is specific and only has one house in it can I assign my beneficiary rights to some one else? Also can I draw a note between myself and the person whom I am assigning the note to for the sales price and record a trust deed against the note. I live in Utah. I other words I am selling or assigning the trust which owns the house. The trustee will remain the same, only the beneficiary will change.
Can living trust be created for a minor and can they be the trustee?
A living trust for the benefit of a minor can be created but the minor cannot be the trustee. (One problem is that a minor cannot sign any legal documents.) The most common mistake made by non-professionals is not creating a proper distance between the trust property and the grantor, and the trust property and the beneficiary. If the proper legal distance isn't maintained the trust property will be exposed to creditors and other claims and the very purpose of the trust will be defeated. The trustee and the beneficiary should not be the same person. Trust errors can be very costly to correct. Trust law is extremely complex and a trust should always be drafted by a professional.
Does a living trust require an attorney as trustee?
No.
What is the difference between a primary beneficiary and a tertiary beneficiary?
A tertiary beneficiary is only entitled to proceeds if the primary and secondary beneficiaries are no longer living.
Can a co trustee buy quit claim property from trust and transfer into own personal trust?
First, a trustee is the trustee of a TRUST. The house may be trust property. The powers of a trustee are set forth in the trust document. If the house is owned by the trust and the trustee has the power to sell real estate then yes, a trustee can convey the house.
Can assets be siezed if a trustee of an revocable living trust goes bankrupt?
Probably not. The trustee and the Trust are entirely different things.
What are the responsibilities of an executor of a living trust?
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
