Indemnitors covenant and agree to defend, indemnify and hold harmless, absolutely and unconditionally, the indemnitee from and against any and all damages, losses, claims, demands, actions, causes of actions, costs, expenses, liabilities and obligations of any kind whatsoever, including, but not limited to, attorney's fees in a certain matter.
Utah Indemnification Agreement for a Trust
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How to fill out Indemnification Agreement For A Trust?
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FAQ
To create a living trust in Utah, prepare a written trust document and sign it in front of a notary. The trust is not functional until you transfer assets into it.
Trustees must be aware that they can be held personally liable, even if only one trustee has signing power on behalf of the trust and that person makes a poor decision that finds all the trustees liable for his/her negligence. This is, in itself, an onerous provision.
The best way to protect yourself is to contact a probate lawyer or trust attorney as soon as you consent to serve as trustee. An experienced trust lawyer can help you ensure you fulfill your legal obligations and avoid taking actions that could subject you to personal liability.
Trustee liability Trustees must understand that they can be held personally liable for poor decisions made in relation to the trust, whether made directly by them or by another trustee.
A trustee is personally liable for a breach of his or her fiduciary duties. The trustee's fiduciary duties include a duty of loyalty, a duty of prudence, and subsidiary duties. The duty of loyalty requires that the trustee administer the trust solely in the interest of the beneficiaries.
To create a living trust in Utah, prepare a written trust document and sign it in front of a notary. The trust is not functional until you transfer assets into it. A living trust can widen your options and allow you to maintain control of your assets now and in the future.
Modern trust instruments usually confer an express power upon the new trustees to give indemnities; in the absence of that express power, the new trustees could give an indemnity that is enforceable as a matter of contract law.
Trustees must follow the terms of the trust and are accountable to the beneficiaries for their actions. They may be held personally liable if they: Are found to be self-dealing, or using trust assets for their own benefit. Cause damage to a third party to the same extent as if the property was their own.
When Trust Fund Distributions to Beneficiaries Are Made Even a simple trust may require 12-18 months before they can end trust administration and transfer of trust property to beneficiaries, although it can take several years if the trust is complex.
In our experience, many Trustees fail to understand that Trust distributions must be made timely. In the case of a good Trustee, the Trust should be fully distributed within twelve to eighteen months after the Trust administration begins. But that presumes there are no problems, such as a lawsuit or inheritance fights.
