The short answer is yes. Trustees can be a beneficiary of a discretionary trust, but they usually will not be able to make unilateral decisions, as there generally will be someone else acting as co-trustee who will have to sign off on any discretionary decisions being made surrounding the trust.
Co-trustees need to agree upon decisions that they make for the trust. It is not enough for one trustee to think that an action is a good idea, with the other trustee disagreeing. Both trustees must decide and agree together in the best interests of the beneficiaries.
Can A Trustee Be A Beneficiary? Yes – although in the interests of the trust, it's good practice to ensure: There's no conflict of interest between someone's role as a trustee and their position as beneficiary.
A trustee typically has the most control in running their trust. They are granted authority by their grantor to oversee and distribute assets according to terms set out in their trust document, while beneficiaries merely reap its benefits without overseeing its operations themselves.
While trustees may temporarily be able to delay trust distributions if a valid reason exists for them doing so, they are rarely entitled to hold trust assets indefinitely or refuse beneficiaries the gifts they were left through the trust.
Experience and Knowledge. Another key consideration is whether the individual or entity is qualified to act as trustee. If the trust has substantial assets, an individual with experience managing significant assets or with a background in finance or investments may be better suited to the role of trustee.
However, you should be aware of some downsides to naming a beneficiary as the trustee. Making one of the beneficiaries the trustee can potentially create conflict with the other beneficiaries. The other beneficiaries may wonder why they were not selected as trustee and may resent the beneficiary who was selected.
A trustee may withhold money or assets from a beneficiary if they must focus on other responsibilities surrounding the estate. For example, if the estate becomes subject to a tax audit or litigation arises, a trustee may refuse to give beneficiaries their share of the assets until these issues are resolved.
In California, a trustee is required to account to the beneficiaries as to the activities of the trust unless certain exceptions apply. What that accounting is and when it is required is the subject of this article. The Duty to Account: Most trusts do not have regular court or state agency supervision.
If there is more than one trustee, the co-trustees can file a petition to remove one or more of their colleagues. The trust beneficiaries are entitled to challenge the trustee if they believe their inheritance is being misused or improperly disbursed.
It is possible to include either one corporate trustee or up to three individual trustees. A trustee can also be a beneficiary provided that it is not the sole trustee and beneficiary. If there is another trustee, or another beneficiary as well, then it is acceptable.
What are the Pitfalls of a Co-Trustee? One of most difficult aspects of co-trustees working together is the requirement of unanimity. A majority rule does not exist for two co-trustees. The management of the trust means there must be agreement on all action taken.
A A Trustee is disqualified 'as Trustee' upon his death, loss of his legal competence, removal from trusteeship, liquidation, rescinding his licence or declaring his bankruptcy. The Trust shall then be transferred to the other Trustees in case of multiple Trustees, unless the Trust Instrument provides otherwise.
Executor of estate's are often a friend of the deceased or a family member. As such, it's common for the executor of an estate to also be a beneficiary.
Under California law, beneficiaries can sue a trustee. The initial step is confirming the trustee's identity. Subsequently, one must prove a breach of duty.
Ultimately, trustees can only withdraw money from a trust account for specific expenses within certain limitations. Their duties require them to comply with the grantor's wishes. If they breach their fiduciary duties, they will be removed as the trustee and face a surcharge for compensatory damages.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
Even when a beneficiary disagrees with a trustee's actions, they typically cannot override the trustee just because they don't like their choices. Unless the trustee clearly violates the terms of the trust or breaches their fiduciary duty, there is typically little a beneficiary can do.
Yes, a trustee can also be a beneficiary of a trust. It's fairly common for a trust beneficiary to also serve as trustee. For example, in a family trust created by two spouses, the surviving spouse will almost always serve as both a trustee and beneficiary.
A trustee must abide by the trust document and the California Probate Code. They are prohibited from using trust assets for personal gain and must act in the best interest of the beneficiaries. Trust assets are meant for the benefit of the trust beneficiaries and not for the personal use of the trustee.
Under California law, embezzling trust funds or property valued at $950 or less is a misdemeanor offense and is punishable by up to 6 months in county jail. If a trustee embezzles more than $950 from the trust, they can be charged with felony embezzlement, which carries a sentence of up to 3 years in jail.
Common Breaches of Trustee Duties in California. Too often, trustees breach their duties. Some of the most common ways they do this include breaches of trust, funds misappropriation, poor management, fraudulent acts, failure to act, and engagement with a competitor.
On the surface, it may seem like the best way to protect their legacy is to keep trust management within the family. However, this plan may backfire due to practicality or family dynamics. Appointing two or more siblings as co-trustees could create logistical problems.
There's a significant difference between being a beneficiary or trustee of a trust. If you're named as a beneficiary then you stand to benefit from the assets in the trust. On the other hand, if you're the trustee it's your job to manage those assets according to the wishes of the trust creator.