South Dakota Revocable Trust Agreement with Corporate Trustee
Description
How to fill out Revocable Trust Agreement With Corporate Trustee?
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FAQ
The trustee cannot do whatever they want. They must follow the trust document, and follow the California Probate Code. More than that, Trustees don't get the benefits of the Trust. The Trust assets will pass to the Trust beneficiaries eventually.
All three terms mean basically the same thing. Those who are meant to benefit from the trust are the beneficiaries. The trustee is someone picked by you to manage and care for the property you put in trust. The trustee may be a friend, family member, bank, or anyone you choose.
The short answer is yes, a trustee can also be a trust beneficiary. One of the most common types of trust is the revocable living trust, which states the person's wishes for how their assets should be distributed after they die. Many people use living trusts to guide the inheritance process and avoid probate.
The trustee usually has the power to retain trust property, reinvest trust property or, with or without court authorization, sell, convey, exchange, partition, and divide trust property.
The trustee has the power to manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon trust property or any interest therein. 16228.
The trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, tax filings for the trust, and distributing the assets according to the terms of the trust. Both roles involve duties that are legally required.
The trustee cannot fail to carry out the wishes and intent of the settlor and cannot act in bad faith, fail to represent the best interests of the beneficiaries at all times during the existence of the trust and fail to follow the terms of the trust. A trustee cannot fail to carry out their duties.
So can a trustee also be a beneficiary? The short answer is yes, but the trustee will have to be exceedingly careful to never engage in any actions that would constitute a breach of trust, including placing their personal interests above those of the other beneficiaries.
The trustee will hold the legal title and the beneficiary will hold the equitable title. This division is what makes a trust legally valid. Without the division, the trust will no longer be legally effective.
If the terms of the trust regarding the trust investments no longer seem reasonable, the trustee can obtain a court order to deviate from the terms of the trust.