If you have an even number of Trustees, decisions can be impossible to make if the Trustees cannot agree. You can inadvertently cause conflict in the family if you appoint siblings or family members as co-Trustees. A professional and non-professional Trustee typically creates confusion and frustration.
A co-trustee arrangement requires appointing two or more individuals or institutions to act together in managing the assets within your trust. A single trustee operates alone to oversee the trust.
There is no right answer to this question - it's a personal preference on your part. Some people feel the trust administration is simpler with one Successor Trustee. Others like the checks and balances that exist when you have two or more Successor Co-Trustees.
What happens if trustees disagree. In California, co-trustees in dispute can seek judicial assistance by filing a petition for instructions in Superior Court. This legal measure requests the judge to offer guidance on the conflict, helping to direct co-trustee actions according to the trust's terms and California law.
One of the most significant advantages of naming co-trustees is the built-in system of checks and balances. With more than one trustee, you ensure that no single individual has unchecked control over your trust.
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.
A co-trustee is one of multiple trustees serving simultaneously, typically with equal powers and duties. They share the responsibility of managing the trust's assets. Sometimes, a co-trustee can temporarily step in if the primary trustee is unavailable, such as during an illness.
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.
The answer to who holds more power depends largely on the context and specific circumstances of the estate or trust. Here's a summary to help clarify: Duration of Authority: Trustees often have ongoing responsibilities and powers that can extend indefinitely, while executors have a more limited, temporary role.
WHO IS THE “RIGHT” TRUSTEE? A natural first inclination is to consider a family member or trusted friend who knows you and your philosophies and values well. Family or friends may personally know your beneficiaries and their needs.
With a co-trustee arrangement, the remaining trustee typically continues managing the trust if the other one has died. They handle responsibilities like maintaining property, paying taxes and distributing assets per the instructions of the trust creator.
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.
During trust administration in California, a trustee may need to terminate the trust. To do so, adherence to California's probate and trust laws is crucial. Additionally, tax considerations play a vital role in the dissolution process.
Naming the same person as trustee and beneficiary can be problematic. Not only can it lead to a trustee and beneficiary conflict of interest, but it can make it difficult for the trustee to uphold their duty to treat all beneficiaries equally.
Anyone 16 and over (18 for an Unincorporated Association or Charitable Trust) who is not 'disqualified' can be a Trustee. The reasons for disqualification were set down by the Charities Act 2011, and were designed to prevent people convicted of financial crimes, or who made serious financial errors, becoming trustees.
Disagreements tend to end up in court with co-trustees suing each other. In addition, disagreements tend to disrupt the purpose of the trust. Lost time and cost over disagreements escalate tensions. Arguments and disagreements cause issues that the grantor wanted to avoid by appointing co-trustees.
And when co-trustees are appointed, trustees not only have the ability to contest certain aspects of a trust, they may have the duty to do so. Specifically, if one co-trustee concludes that the other co-trustee(s) are breaching their duties, they have the obligation to take legal action against their co-trustee.
The Pros of Naming Co-Trustees
Naming two people to maintain an estate plan can split the workload, which can make maintaining the assets easier and more effective. Having two trustees can also protect the beneficiaries' interests.
Yes, a trustee in California can withdraw money from a trust, but only under certain conditions. The authority to withdraw and use trust funds must be in accordance with the terms of the trust document and California law.
At the point when an attorney or court determines that a Trustee is unable or unwilling to continue serving, it will be necessary for the Successor Trustee to accept their new role as fiduciary.
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.
This is a fundamental concept of trust law: the separation of legal and equitable title. In other words, while the trustee has the legal authority to manage and control the assets, they do so not for their own benefit, but for the beneficiaries.