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Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
So can a trustee also be a beneficiary? The short answer is yes, but the trustee will have to be exceedingly careful to never engage in any actions that would constitute a breach of trust, including placing their personal interests above those of the other beneficiaries.
Trustees have a duty to act jointly where more than one (and subject to the specific provisions of the Trust). Trustees have a duty to act gratuitously (subject to certain exceptions and the terms of the Trust, normally applying to professional Trustees).
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.
Joint trusts are also revocable living trusts, set up to hold all of the assets of a married couple and to provide access to the trust assets for both. Typically, at the first death, half of the assets receive a step-up in basis, but all of the assets stay in the trust.
Prop. Code § 111.004(18) (emphasis added). So, each co-trustee or additional trustee have common law duties. imperative or discretionary, personal or attached to the office, are held jointly.
What happens in this type of trust is that the trust is a joint revocable trust when both spouses are alive. When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse.
After one spouse dies, the surviving spouse is free to amend the terms of the trust document that deal with his or her property, but can't change the parts that determine what happens to the deceased spouse's trust property.
A revocable living trust becomes irrevocable once the sole grantor or dies or becomes mentally incapacitated. If you have a joint trust for you and your spouse, then a portion of the joint trust can become irrevocable when the first spouse dies and will become irrevocable when the last spouse dies.
Trustees are jointly and severally liable for breach of trust to their beneficiaries where that breach has led to a loss to the trust fund. Common allegations of breach of trust include where a trustee: Distributes trust assets to a beneficiary who is not entitled to them under the terms of the trust document.