Trustee Authority In Revocable Trusts

Summary

When a grantor of a revocable trust dies, the trust typically becomes irrevocable, and the trustee must adhere to the trusts terms. The trustee cannot alter ownership unless the trust document explicitly allows it. If the trustee refuses to produce the trust document, you can formally request it in writing, consult with a trust and estate attorney, or consider court intervention. Estate lawyers may offer flat rate fees for certain services, but complex cases might be billed hourly. For affordable legal assistance, contact local legal aid societies or bar associations. If a co-owner dies and the trust is in their name for their children, the house is managed and distributed according to the trust terms.

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The grantor is dead
When the grantor of a revocable trust passes away, the trust generally becomes irrevocable, and the trustee must adhere to the terms outlined in the trust document. Here are some considerations:
- The trustee cannot change the trust terms unless explicitly permitted by the trust.
- The trustee manages and distributes the trust assets according to the trust agreement.
Do you need information on how assets are distributed or have another specific question?
But just cause the house is in a trust does that mean there is a trust
A house listed in a trust implies that the trust exists, as the property is held under the trust's terms. Here are some points:
- The trust document outlines terms for property management and distribution.
- After the grantor's death, the trust becomes irrevocable.
- The trustee must manage the property according to the trust document.
Do you have more questions about how the property is managed within the trust?
Yes can the trustee make herself a primary owner of the house and make the trust a secondary owner
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In California, a trustee cannot make themselves the primary owner of a house held in a trust unless the trust document explicitly allows it. The trustee must follow the terms of the trust document and manage assets according to those terms, without altering ownership unless permitted.
So what can I do about it
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If the trustee is acting against the terms of the trust, you may consider:
- Reviewing the trust document for specific terms regarding property ownership.
- Consulting with a trust and estate attorney to explore legal options for enforcing the trust.
- Potentially seeking court intervention if the trustee is violating their fiduciary duties.
Would you like more information on any of these steps?
What if she won't produce the trust
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If the trustee refuses to produce the trust document, you might consider:
- Requesting a copy formally in writing.
- Consulting with a trust and estate attorney for advice on legal actions.
- Considering court intervention to compel disclosure.
Would you like more information on these options?
Yes
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If the trustee won't produce the trust document, you can:
- Formally request a copy in writing.
- Consult with a trust and estate attorney for guidance.
- Consider court intervention to compel disclosure.
Would you like more details on how to proceed with any of these actions?
Yes
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If the trustee is withholding the trust document, consulting with a trust and estate attorney can be crucial for guidance on compelling disclosure. To proceed, you can:
- Formally request the document in writing.
- Seek legal advice for possible court intervention.
Would you like more details on legal actions to take?
Will an estate lawyer work on flat rate fee
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Yes, some estate lawyers in California may work on a flat rate fee, especially for straightforward services like document drafting or trust administration. However, more complex cases may be billed hourly. It's best to discuss fee arrangements directly with the lawyer.
Can you recommend any low cost attorneys
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While I can't recommend specific low-cost attorneys, you can consider contacting local legal aid societies or bar associations in California for referrals to affordable estate lawyers. They often have lists of attorneys who offer sliding scale fees or pro bono services.
Oif there is revocable trust that when a co-owner dies and the revokable trust is in the person who died name for his children what happens to the house
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When a grantor of a revocable trust dies, the trust typically becomes irrevocable. The house would be managed and distributed according to the trust terms. Usually, it goes to the beneficiaries named in the trust. If unspecified, consult a trust and estate attorney.