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.
It can be more effective to name co-trustees instead of successor trustees because it makes it easier for them to step in if the grantor becomes incapacitated.
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.
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.
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.
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.
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.
Serving as an executor or trustee is a significant responsibility that requires careful consideration. While there are benefits, such as personal satisfaction and potential compensation, there are also drawbacks, including time commitment, emotional strain, and potential legal liability.
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.
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.
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.
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.
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.
Generally, an executor administers the estate of the person who died, while a trustee administers a trust for the benefit of the named beneficiaries.
In general, the steps to this process are: The trustee must send a written notice to the beneficiary to vacate the real property. Under California law, if the beneficiary has been in possession of the property for less than a year, then a 30-day notice is sufficient.
The Pros of Naming Co-Trustees
Co-Trustees may bring different skill sets to the administration of the trust – one with more financial savvy while the other is able bring a better understanding of the trust settlor's intent and of the beneficiaries' needs and wants.
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.
An executor has the authority from the probate court to manage the affairs of the estate. Executors can use the money in the estate in whatever way they determine best for the estate and for fulfilling the decedent's wishes.
It is not unusual for the successor trustee of a trust to also be a beneficiary of the same trust. This is because settlors often name trusted family members or friends to both manage their trust and inherit from it.
No, a trustee does not have the authority to change the terms of a will. A will is a legal document that becomes irrevocable upon the death of the individual who created it. However, in certain situations, a will can be contested in court.
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.