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Blog Posts About Trustee Duty

There will be times when a trustee will be managing a trust and they’ll come across a trust asset that simply isn’t worth anything.  It could be an interest in a partnership that has gone defunct and is no longer in business.  It could be a lot of land out…

In most cases, if a trust has bills that it has to pay or debts that have to be paid off, those things will be paid out of the trust estate by the trustee.  One of the trustee’s jobs is to pay for all the expenses and debts of the…

In some instances, a trust document will give a beneficiary the power to remove the trustee.  The first thing you should do is take a look at your trust document.  Look through the trustee provision and see if there is a provision for removing the trustee.  A removal provision would…

When you have a trustee who’s also a beneficiary, there’s an inherent potential conflict of interest. A trustee is the person who’s going to make all of the management decisions for the Trust. For example, the trustee may decide to sell an asset or to keep an asset, but that…

We get this question routinely.  We have Beneficiaries of a Trust come to us and say, “My brother or sister is the Trustee of the Trust and they’re saying they’re going to take $150,000 in Trustee’s fees.  Is that allowed?”  And the answer is, “Well, it depends.”  And, of course,…

There are two different types of lawsuits that Trustees have to worry about. One is a lawsuit from an outside party. That’s the type of lawsuit that can potentially be filed against anyone. For example, if a real estate transaction goes bad, someone may want to sue the Trust and…

Who is qualified to act as Trustee? As a basic requirement, a Trustee must be an adult over the age of 18. Additionally, a Trustee must have legal capacity, so obviously a person who is mentally incapacitated would not be able to act as Trustee.  Beyond that, almost any adult…

There can be no worse job in the world of estate planning than being a Trustee. It may “sound good” to be in charge of a Trust, but most people have little idea of the duties, responsibilities and potential pitfalls they are undertaking when agreeing to be a Trustee.  …

A trustee is the Trust manager, the person who calls the shots. But the trustee has limits on what they can do with the Trust property. 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…