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The beneficiaries of a trust are not usually the "actors". Acting jointly or severally generally pertains to entities that perform the same functions such as trustees. A trust can provide that the trustees can act jointly or severally. That means, one trustee can take any action allowed by the provisions of the trust without the consent of the other trustee. You need to add more details regarding how you think "jointly and severally" would apply to beneficiaries.
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What is the difference between a trustee and an agent on a trust?
A trustee is the person who takes care of all the properties of the trust for the benefit of the beneficiaries. An agent on a trust is a third party that takes care of the trust on behalf of the beneficiaries.
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.
Can a beneficiary bully a trustee?
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.
Can executor sell trust property in Florida law?
In Florida, an executor does not have the authority to sell trust property. This responsibility falls to the trustee, who must follow the terms of the trust and state laws when selling trust assets. It is important for the trustee to act in the best interest of the beneficiaries and seek legal advice if unsure of how to proceed.
Can a trustee remove an heir?
A trustee does not have the authority to remove an heir from a trust unless there are legal grounds for doing so, such as the heir's misconduct or failure to meet certain conditions set in the trust document. The trustee must act in accordance with the terms of the trust and state laws governing trusts when making decisions regarding beneficiaries.
What is the difference between a trustee and an agent on a trust?
A trustee is the person who takes care of all the properties of the trust for the benefit of the beneficiaries. An agent on a trust is a third party that takes care of the trust on behalf of the beneficiaries.
Do beneficiaries have the right to know the selling price of a property before the Trustees complete the sale?
The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.
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.
How can you create a trust deed that would take in an insurance policy having your children as beneficiaries?
Only in the Married Women Property Act policy, you need to make a trust and your wife and your children will be beneficiaries only. But you can not surrender or assign this policy to any one.
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.
What is meant by jointly and severally in a power of attorney?
It means that two or more agents (attorneys-in-fact) can exercise the powers granted by the POA with or without joinder of the other agent or agents. Hence the agents can sign a document together or individually with the same legal effect.
Can a beneficiary bully a trustee?
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 powers does a trustee have over a non-trustee of a irrevocable trust?
The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.The trustee of the trust has all the power and authority to act for the trust. Their duties and powers are set forth in the instrument that created the trust. Their only power over the beneficiaries are those set forth in the trust.A non-trustee (beneficiary) has no power regarding the operation of the trust unless they were given specific powers in the trust instrument such as the power to appoint a new trustee. The beneficiaries also have the power to file a complaint in court if the trustee fails to perform their responsibilities appropriately.
Should all the beneficiary's have their names on bank accounts owned by a trust?
Generally, no. The trustee is the only person who has the right to act for the trust unless the trust document states otherwise. The beneficiaries names should not be on the trust account. Managing the account is the responsibility of the trustee.
Can beneficiaries fire trustees?
Yes, beneficiaries can seek to remove trustees under certain circumstances, such as breach of fiduciary duty, misconduct, or failure to act in the best interest of the trust. The process typically involves petitioning a court to evaluate the trustee's actions. However, the specific grounds and procedures for removal can vary based on jurisdiction and the terms of the trust agreement. It's advisable for beneficiaries to consult legal counsel to navigate this process effectively.
If I am named the beneficiary of an irrevocable trust do I have any control over any of the assets in the trust?
No. The trustee has control over the trust property. In certain types of trusts the trust document provides that the trustee can only act at the direction of the beneficiaries, however, the trustee holds title to the trust property and generally the trust document gives the trustee the power to manage the trust property.
Can executor sell trust property in Florida law?
In Florida, an executor does not have the authority to sell trust property. This responsibility falls to the trustee, who must follow the terms of the trust and state laws when selling trust assets. It is important for the trustee to act in the best interest of the beneficiaries and seek legal advice if unsure of how to proceed.
