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While the trustee is given legal title to the trust property, in accepting title the trustee owes a number of fiduciary duties to the beneficiaries. The primary duties owed are those of loyalty, prudence and impartiality. Trustees may be held to a very high standard of care in their dealings to enforce their behavior.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. ... Describe key players in the family. ... What matters to you? ... Give your trustee the power to make decisions, even when that means saying no.
Commercial lenders generally select the trustee, which is usually a title company or professional escrow entity. There are certain states that have laws in place regulating who can fill the role of trustee in a deed of trust.
Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee.
The trust deed and rules set out the trustees' powers and the procedures trustees must follow. As a trustee, you must act in line with the terms of the trust deed and rules. The trust deed is a legal document that sets up and governs the scheme.
Capp (1893) 99 Cal. 153, 157.) Next, the Statute of Frauds requires that the document be signed by the party whom the document is being enforced against. Therefore, a deed of trust needs to be signed by the trustor.
1. The deed should mention the name and address of the settlor and the name and address of the trust. 2. The deed should specify the date of establishment of the trust, the purpose of the trust and the period of its duration (if any).