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A trustee may sell trust assets to pay debts, administration expenses, and taxes. The terms of the trust dictate the scope of this power. For example, salable assets may include real estate unless the trust agreement prevents it.
The trust deed lists the trustees. Therefore, to change an individual trustee, you need to amend the trust deed. Most trust deeds permit a change of trustee by way of a trustee resolution and entry into a deed of variation. A trustee resolution is a signed statement of the actions taken by the trustee.
It is possible to include either one corporate trustee or up to three individual trustees. A trustee can also be a beneficiary provided that it is not the sole trustee and beneficiary. If there is another trustee, or another beneficiary as well, then it is acceptable.
Removing or replacing the trustee Of course, the Court always has the power to remove a trustee. Whether it will intervene or not depends on the circumstances and the nature of assets.
A trust amendment is a legal document that changes specific provisions of a revocable living trust but leaves all of the other provisions unchanged, while a restatement of a trust?which is also known as a complete restatement or an amendment and complete restatement?completely replaces and supersedes all of the ...
It's important to know what you want to change and where in your trust document this information lives (such as the article number you're amending). Fill out the amendment form. Complete the entire form. It's important to be clear and detailed in describing your changes.
When co-trustees disagree, they can seek legal recourse. In California, co-trustees may file a petition for instructions with the Superior Court, asking a judge to provide direction on the matter at hand. This legal step helps resolve conflicts and ensure that the trust is administered ing to its terms.