I am a trustee of several trusts and every year at tax time, as part of my trustee duties, I need to sign tax returns in my capacity as trustee. Whenever you sign as a trustee you should remember to put the word trustee or the letters TTEE after your signature.
Signatory Trustee means the Owner Trustee or such other trustee as the Controlling Trustees shall from time to time direct in accordance with the Trust Agreement.
Deposit the check into the trust's bank account. Endorse the check by signing your name and indicating that you are the trustee of the trust.
You will probably want to name yourself and your spouse as trustees, because you want full control of the property while you're alive. As trustee, you will have the power to wheel and deal with your assets—sell them, exchange them, invest them, do whatever you want with them.
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.
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.
Know how to sign as trustee Sign all checks and other documents relating to the trust's money or property to show that you are Rose's trustee. For example, you might sign “John Doe, as trustee for the Rose Roe Living Trust.” Never just sign “Rose Roe.”
He can certainly affix an endorsement in the name of the trust. That would make it a bearer instrument. If you were going to cash it for the individual, then you would require him to sign it again with his own name, showing that it was him, not the trust that received the proceeds.
(i) An executor or administrator indorsing any such check must include, as part of the indorsement, an indication of the capacity in which the executor or administrator is indorsing. An example would be: “John Jones by Mary Jones, executor of the estate of John Jones.”
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.
There is little question but that a beneficiary may serve as the sole trustee of a trust established by a third person for his or her own benefit and not be treated as the owner of the trust assets for estate tax purposes as long as the distribution discretion is limited by an ascertainable standard.
To create a valid living trust, you must sign the trust document. In most places, a living trust document, unlike a will, does not need to be signed in front of witnesses. (In Florida, two witnesses are required; a witness statement automatically prints out with the Florida trust document.)
If the trustee does not sign as “trustee” and the contract does not specifically exclude liability, then a trustee may be personally liable on contracts entered into in the trustee's fiduciary capacity. Takeaway: Whenever you sign any document on behalf of the trust, always sign as “Your Name, Trustee.”
The abbreviation 'ATF' is commonly used in this situation as a substitute for 'As trustee for'.
The registration of a trust created under the decedent's will must include the name(s) of the grantor(s) of the trust, the name(s) of the trustee(s), show that the trust was created under the will, and that the grantor is deceased. For example “ Betty Brown Trustee Under the Will of Jason Brown Deceased.”
For trust accounts, the check can be payable to the custodian, the trustee, or the name of the trust account — but it must appear exactly as it's registered on the account. Any deviation will cause the check to be returned.
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.
Not all bank accounts are suitable for a Living Trust. If you need regular access to an account, you may want to keep it in your name rather than the name of your Trust. Or, you may have a low-value account that won't benefit from being put in a Trust.
Generally speaking, once a trust becomes irrevocable, the trustee is entirely in control of the trust assets and the donor has no further rights to the assets and may not be a beneficiary or serve as a 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.
Reasons for removing a trustee
They may reach the end of their term of office. They may choose to step down. Their circumstances may change in a way which stops them from continuing their role.
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.
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.
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.