California Trustee's Deed and Assignment for Distribution by Testamentary Trustee to Trust Beneficiaries

State:
Multi-State
Control #:
US-OG-318
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the events giving rise to the termination of the Trust have occurred. Pursuant to the terms of a Will, Grantor executes this Deed and Assignment for the purposes of distributing to the beneficiaries of a Testamentary Trust, all rights, title, and interests in the Properties held in the name of that Trust, and all Properties owned by the Estate of the deceased, and the Testamentary Trust created under the Will of the deceased.

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FAQ

Beneficiaries of a trust typically pay taxes on the distributions they receive from a trust's income rather than the trust paying the tax. However, beneficiaries aren't subject to taxes on distributions from the trust's principal, the original sum of money put into the trust.

The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.

The California probate code outlines the responsibilities of trustees in managing and fairly distributing assets to beneficiaries. Typically, a revocable trust with clear provisions for outright distribution might conclude within 12 to 18 months.

The fiduciary duties of trustees refer to the duties owed when managing a trust by a trustee to the beneficiary. Like other fiduciary relationships, trustees have fiduciary duties of care, loyalty, and good faith. As a result, the trustee must manage the trust in a reasonable manner and avoid self-dealing.

You cannot control the trustee The power to control (or remove) the trustee is set out in the trust deed and is usually exercised by persons acting as the appointor and/or guardian of the trust. In some cases, the consent of the primary beneficiaries of the trust is required for some of the decisions of the trustee.

Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.

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California Trustee's Deed and Assignment for Distribution by Testamentary Trustee to Trust Beneficiaries