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The fiduciary duties of trustees refer to the duties owed when managing a trust by a trustee to the beneficiary. Like other fiduciary relationships, trustees have fiduciary duties of care, loyalty, and good faith. As a result, the trustee must manage the trust in a reasonable manner and avoid self-dealing.
Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
The trustee files an informational return, a K-1, if there were any distributions. This lets the beneficiaries know how much of the distributions they received are taxable to them.
You cannot control the trustee The power to control (or remove) the trustee is set out in the trust deed and is usually exercised by persons acting as the appointor and/or guardian of the trust. In some cases, the consent of the primary beneficiaries of the trust is required for some of the decisions of the trustee.
You can name your own testamentary trust as your beneficiary by including it on the beneficiary form in the following format. You cannot name someone else's testamentary trust.