With a Revocable Living Trust, if you are deemed to be incapacitated, you can be removed as trustee, but when you only have a Will, the only way for your trusted relative or friend to take over completely is through the guardianship process, which a time-consuming and often expensive court process.
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.
Whether it's choosing to sell a family home or deciding how much money should be distributed to a beneficiary, both co-trustees have equal authority, and both must be on the same page.
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.
In order for the beneficiary to hold the trustee accountable, the beneficiary must have information about what the trustee is required to do and what the trustee actually does. Thus, the trustee has a duty to account and to inform.
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.
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.
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.
Although trustees do not owe each other the same fiduciary duties they owe trust beneficiaries, the duties they owe beneficiaries to safeguard trust assets may obligate them to sue another trustee if that trustee is breaching fiduciary duties owed to the trust beneficiaries, including filing a petition with the probate ...
Depending on the complexity of the case, it may cost anywhere from a few thousand dollars to $100,000 or more to dispute the terms of a trust.
As previously mentioned, trustees generally cannot withhold money from a beneficiary for no reason or indefinitely. Similarly, trustees cannot withdraw money from a trust to benefit themselves, even if the trustee is also a beneficiary.
Serving as the trustee of a trust instills a person with significant power. They have access to all the trust assets, but with a catch: They can only use those assets to carry out the instructions of the trust.
Only someone appointed by the Court or appointed by you in a Durable Power of Attorney (“DPOA”) or Health Care Proxy (“HCP”) can make decisions for you in the event of incapacitation. Without a valid DPOA or HCP, someone would have to petition the court to have a guardian or conservator appointed on your behalf.
Remove The Trustee with Dementia Pursuant to the Trust Document. If the trust document includes provisions for removing a trustee due to incapacity or incompetence, you may be able to follow those procedures to remove the impaired loved one as trustee.
The death of one trustee, in a situation where there are two, typically leads to the trust's provisions for succession coming into effect. The trust document should outline the process for the remaining trustee or the appointment of a new Successor Trustee to continue the administration of the trust.
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.
Can a Trustee Change the Beneficiary? Trustees generally do not have the power to change the beneficiary of a trust. The right to add and remove beneficiaries is a power reserved for the settlor of the trust; when the grantor dies, their trust will usually become irrevocable.
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.
The California Probate Code states that if a trust has multiple trustees, each must participate in trust administration. All of the responsibilities cannot be delegated to one co-trustee.
Examples of executor misconduct and trustee misconduct include: Failing to provide accountings to beneficiaries. Favoring one beneficiary over another. Misappropriating or misusing estate or trust assets for personal gain.
Negligence or Mismanagement of Trust Assets
So, if a trustee fails to do so, whether it is out of negligence, incompetence, or outright malice, then a trustee is unfit to manage the trust, and this constitutes a breach of his or her fiduciary duty and can be one reason for removing a trustee.
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.