Question: Who Can I Appoint As Trustee?

Can a trustee live in a house owned by the trust?

While the Settlor is alive, the Trust is administered solely for his or her benefit.

Of course, a Trustee who is NOT a beneficiary cannot live free in Trust property because that would be a conflict of interest and a breach of duty for the Trustee.

But even as a Trustee/beneficiary, living rent free is not allowed..

Can a trustee also be a beneficiary?

It’s quite common to be both a trustee and a beneficiary of a trust. The surviving spouse, for example, is almost always the successor trustee and beneficiary of a family trust. And it’s quite common for one adult child to be the trustee and all the siblings to be beneficiaries of their parents’ trusts.

Can trustee change beneficiaries?

In most cases, a trustee cannot remove a beneficiary from a trust. … However, if the trustee is given a power of appointment by the creators of the trust, then the trustee will have the discretion given to them to make some changes, or any changes, pursuant to the terms of the power of appointment.

How do you appoint a successor trustee?

Successor trustees have to willingly accept their role — usually by signing a consent to serve or affidavit of appointment. If an existing trustee wishes to change their successor trustee, they must make an actual amendment to the trust. Most courts won’t accept informal, self-made changes.

Can a house in a trust be rented?

If the trustee does not want to sell or use the house, she can rent it to someone. If you are the lessee, you must have a rental agreement and pay fair market value for the rent, plus utilities.

How much does it cost to hire a trustee?

Most corporate Trustees will receive between 1% to 2%of the Trust assets. For example, a Trust that is valued at $10 million, will pay $100,000 to $200,000 annually as Trustee fees. This is routine in the industry and accepted practice in the view of most California courts.

Can a trustee pay themselves?

The trustee’s payment comes from the trust assets. And because as trustee, you’re in control of those assets, that means you’re in charge of paying yourself. … Some trusts set out a flat or hourly fee for the trustee, but that’s not too common.

What power does a successor trustee have?

Once you die, your successor trustee will assume control of the trust and the duties of trustee. Most often, these duties include investing the assets of the trust prudently until the time comes to transfer the assets to the beneficiaries.

How many trustees can you have?

While there’s no limit to how many trustees one trust can have, it might be beneficial to keep the number low. Here are a few reasons why: Potential disagreements among trustees. The more trustees you name, the greater the chance they’ll have different ideas about how your trust should be managed.

Can anyone be a trustee?

In many cases, the trustee is either a beneficiary of the trust, a close friend or relative, or the deceased person’s accountant or other adviser. But sometimes, if you’re asked to serve as a trustee, the best thing you can do for all involved is to politely decline.

Is there a yearly fee for a trust?

So, what is the cost of maintaining this sort of trust? As I said, not much. Typically, a trustee can charge a commission on an annual basis, which is a certain percentage of the principal of the trust and a certain percentage of the income the trust earns.

Can a family member be a trustee?

The other choice is to name a family member to serve as trustee, such as a sibling of the trust beneficiary or some other trusted family member. … The law imposes a “fiduciary duty” on trustees–the duty to act in the best interests of the beneficiary (the person for whose benefit the trust was established).

Can trustee sell property without all beneficiaries approving?

The trustee usually has the power to sell real property without getting anyone’s permission, but I generally recommend that a trustee obtain the agreement of all the trust’s beneficiaries. If not everyone will agree, then the trustee can submit a petition to the Probate Court requesting approval of the sale.

Can a house be sold if its in a trust?

As the grantor, you can sell properties in a revocable trust the same way you would sell any other property titled in your own name. You can take the property out of the trust and retitle it in your name, but that isn’t necessary.