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What is the difference between a trustee and an agent on a trust?
Wiki User
∙ 9y ago
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.
Wiki User
∙ 9y ago
A trustee is a person or entity appointed to manage and administer a trust on behalf of the beneficiaries, while an agent is someone authorized to act on behalf of a trustee in specific circumstances. Trustees have a fiduciary duty to act in the best interests of the beneficiaries, while agents act on behalf of the trustee and must follow the trustee's instructions.
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Is there a difference between a trust and a will?
Yes, there is a difference between a trust and a will. A trust is a legal arrangement where a trustee holds assets on behalf of beneficiaries, while a will is a document that outlines how a person's assets should be distributed after their death. Trusts can be used to manage assets both during someone's lifetime and after their death, providing more control and privacy compared to a will.
Can a trustee refuse to give disbursements to a beneficiary under a living person's trust?
A trustee must follow the terms of the trust as outlined in the legal document. If the trust document allows for discretion regarding disbursements, a trustee may have the authority to refuse to make a disbursement to a beneficiary. However, the trustee must act in good faith and in the best interests of the beneficiaries.
Do you have to appoint a trustee if you have an executor?
No, an executor manages a person's estate after they pass away, while a trustee manages assets placed in a trust. If there is no trust established, there is no need to appoint a trustee. However, if a trust is part of the estate plan, a trustee will need to be appointed.
Can trustees not follow a trust's terms?
Trustees have a legal obligation to follow the terms of a trust as set out by the trust document and applicable laws. Failing to adhere to the trust's terms can result in legal consequences or removal from the position of trustee. It is important for trustees to act in the best interest of the beneficiaries and manage the trust responsibly.
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.
What is the difference between the trustee and the fiduciary of a trust?
fiduciary and trustee
Difference between trust company and sole trustee?
A trust company is a company that acts as a trustee for people and other entities and that sometimes acts as a commercial bank. A sole trustee is the person or other entity appointed to manage a particular trust according to the provisions set forth in the trust document.
What is the difference between a trustee and a successor trustee of an irrevocable trust?
The trustee is the person who presently has the authority to carry on the business of the trust. If the trustee dies, resigns or is for some reason unable to continue their duties then a successor trustee is appointed. A well drafted trust will name a successor trustee and a process by which successor trustees may be appointed. If the trust instrument fails to provide for the appointment of a successor trustee then a court of equity can be petitioned to make an appointment. Once appointed, the successor trustee has all the powers and duties of the original trustee.
Who manages the trust when the trustee goes out of the countru?
You need to check the provisions of the trust to determine if an agent can be appointed.
How is a trust funded?
Property that will become trust property must be transferred by the legal owner to the trust. Bank accounts can be reopened in the name of the trust and its trustee. Real property must be transferred by deed from the the record owner to the trustee of the trust. Since a trustee is the agent with the power to act for the trust, real property transfers should be made to the trustee. For example, a deed should recite the grantee in this form: Julia Roberts, as Trustee of the Pretty Woman Realty Trust dated 3/23/1990. Since the trustee will have full power to control the trust property it is essential to choose a trustee whom you have deemed to be completely "trustworthy".
What is the meaning of fudiciary?
Fiduciary is essentially a trustee. It relates to the relationship between a trustee and a beneficiary when a trust is involved.
Is it possible to get a mortgage in the name of a irrevocable trust?
It depends on the lender. Generally, as long as the trust is valid and the borrower provides a copy of the trust, and an affidavit by the trustee that the trust is in effect and they are the current trustee, the mortgage can be executed. A properly drafted mortgage from a trust would be executed in the name of the trustee as trustee of the trust.It depends on the lender. Generally, as long as the trust is valid and the borrower provides a copy of the trust, and an affidavit by the trustee that the trust is in effect and they are the current trustee, the mortgage can be executed. A properly drafted mortgage from a trust would be executed in the name of the trustee as trustee of the trust.It depends on the lender. Generally, as long as the trust is valid and the borrower provides a copy of the trust, and an affidavit by the trustee that the trust is in effect and they are the current trustee, the mortgage can be executed. A properly drafted mortgage from a trust would be executed in the name of the trustee as trustee of the trust.It depends on the lender. Generally, as long as the trust is valid and the borrower provides a copy of the trust, and an affidavit by the trustee that the trust is in effect and they are the current trustee, the mortgage can be executed. A properly drafted mortgage from a trust would be executed in the name of the trustee as trustee of the trust.
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 a trustee appoint someone to act on his behalf as trustee of the trust by signing a power of attorney?
No, they are two different things. A trustee administers a trust and has a fudiciary duty to maintain it as specified by the trust. A power of attorney is someone that is representing another person.
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 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.
Can a trustee obtain a second mortgage under an irrevocable trust if the grantor is now deceased?
The trustee must always look to the trust to determine what powers the trustee has in managing the trust property. All the powers of the trustee are set forth in the trust. If the power to mortgage the trust property is not included then a judge would need to make that possible. You should speak with an attorney who can review your situation and determine what your options are.
