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This form is a living trust form prepared for your state. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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Interesting Questions
A living trust is a legal arrangement where a person (known as the grantor or settlor) places their assets into a trust during their lifetime. The trust is managed by a trustee, who holds and administers the assets for the benefit of the beneficiaries named in the trust.
In Oklahoma, a living trust can have two trustees, and they can be individuals or entities such as banks or trust companies. It's important to choose responsible and trustworthy individuals who can effectively manage the trust and carry out the grantor's wishes.
Having two trustees can provide additional protection and ensure checks and balances within the trust administration process. It helps prevent any individual trustee from making unilateral decisions that may not align with the grantor's intentions.
Typically, decisions must be made jointly by both trustees. This means consensus is required for any major decisions pertaining to the trust assets or distribution of funds. The trust document may outline specific instructions on decision-making processes.
While both trustees should be involved in important decision-making, it may not be necessary for both to be physically present for every single trust-related matter. However, keeping open communication and sharing information regularly is crucial to ensure the trust's proper administration.
In the event of a disagreement between the trustees, the trust document or state laws may provide guidance on conflict resolution. It is advisable to consult with an attorney specializing in trusts and estates to navigate any disagreements effectively.
Yes, under certain circumstances, a trustee can be removed or replaced in Oklahoma. The trust document or state laws may outline the procedure for removal or replacement. Generally, valid reasons such as misconduct, incapacity, or failure to fulfill fiduciary duties are required to initiate the removal or replacement process.
If one trustee passes away, the surviving trustee continues to manage the living trust and carry out its terms. It is important to review the trust document for any specific instructions regarding a successor trustee or the process of appointing a new trustee.
Yes, a trustee can also be a beneficiary of the living trust in Oklahoma. However, it's important to consider potential conflicts of interest and ensure that the trustee acts in the best interests of all beneficiaries, rather than solely benefiting themselves.
The duties and responsibilities of a trustee in Oklahoma include managing trust assets, making prudent investment decisions, keeping accurate records, distributing trust income or assets to beneficiaries according to the terms of the trust, and acting in the best interests of the beneficiaries.
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