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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.
What Are the Duties of Trustees in Texas? Document Management (Record Keeping) A trustee should keep records of everything they do in their role as trustee. ... Accounting. ... Asset Distribution. ... Trustee Meetings. ... File and Pay Taxes. ... Asset and Property Management. ... Breach of Trust. ... Misappropriation of Trust Funds.
But, they need to choose a person to be a trust's trustee and are unsure if a designated beneficiary can legally also be a trustee. Legally, yes, a trustee can also be a beneficiary. However, while a beneficiary can be a trustee, there are a few rules they must adhere to.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
However, a trustee cannot withdraw money from a trust on their behalf. It must be done on behalf of the trust. Essentially, this means the investments they make with the funds in a trust must benefit the trust and the beneficiaries. If a trustee uses trust funds for their benefit it is a breach of their fiduciary duty.
You have the right to seek accountings, file suit, complain and inquire about distributions. Texas Prop. Code Ann. § 111.004 defines an interested person as ?a trustee, beneficiary, or any other person having an interest in or a claim against the trust or any person who is affected by the administration of the trust.
In real estate law, "assignment" is simply the transfer of a deed of trust from one party to another. This usually happens when the beneficiary of a trust deed sells their loan to another lender.
A trustee may be responsible for administering, managing, and distributing trust assets. A trustee has a fiduciary responsibility to conduct their duties in a way that adheres to the rules of the trust and benefits the beneficiaries of the trust. A trustee must typically be at least 18 years of age and of sound mind.