Or to Others for the Consequences of the Exercise, and a Dissenting Trustee is Not Form
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People also ask
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Who has the most power in a trust?
So, now you know that the Trust Maker holds the most power before the Trust is established, but the Trustee holds the most power after the Trust is established.
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Can a trustee take money out of a trust?
Trustees in California have the authority to withdraw money from a trust, but they must do so in a way that complies with the terms of the trust and California law.
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How is a trustee held accountable?
Trustees can be held liable for the losses they cause to the trust they are administering. Typically, beneficiaries can recover assets of the trust that were distributed improperly if they can trace them. Problems may arise in recovering the assets if an innocent purchaser bought them for value.
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What happens when co trustees disagree?
If you find yourself embroiled in a dispute with your co-trustee(s) there are legal steps you can take to resolve the conflict. Co-trustees who are subject to the default rule in California may file a petition for instructions, which asks a judge of the Superior Court to provide direction to the co-trustees.
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How much power does a trustee have over a trust?
In other words, while the trustee has the legal authority to manage and control the assets, they do so not for their own benefit, but for the beneficiaries. The trustee has a fiduciary duty to act in the best interest of the beneficiaries when managing the property of the trust.
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What makes a trustee unfit?
Two things make a trustee unfit: a lack of integrity or an inability to do their job. Let's examine both. Oftentimes, a lack of integrity materializes in the form of a bsignNow of a fiduciary duty. Fiduciary duties refer to the legal responsibilities a trustee automatically assumes when they become the trustee.
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What can a trustee do and not do?
A trustee must abide by the trust document and the California Probate Code. They are prohibited from using trust assets for personal gain and must act in the best interest of the beneficiaries. Trust assets are meant for the benefit of the trust beneficiaries and not for the personal use of the trustee.
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How much control does a trustee have?
A trustee is a person or entity responsible for and with the authority for managing and administering your trust ing to your instructions and in ance with state law. They are considered a fiduciary (meaning they are held to a higher standard of care and owe certain duties to the beneficiaries).
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