Should a trustee be bonded?
(a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs: (1) A bond is required by the trust instrument. (3) An individual who is not named as a trustee in the trust instrument is appointed as a trustee by the court.
What is a trust bond?
A Trustee Bond is a type of surety court bond. It is the duty of the Trustee to take control over the property and assets, and to administer them according to the terms of the trust. A Trustee Bond guarantees the trustee does this according to the trust and according to the law.
Who can be the trustee of a family trust?
The trustee can be an individual, individuals or a company and they are the legal entity who owns the assets and makes decisions on the trust’s behalf. There can be more than one trustee and more than one beneficiary.
What is executor without bond?
Without bond means the executor has not been required by the court to post a bond with the court to insure that he does his job. Likely he also has been relieved of a duty to do inventories and accountings to the court. An independent executor is also known as non intervention executors.
What does waiver of bond mean?
The waiver of a bond relieves the obligor of the requirement of posting a bond. A court may waive a bond by order or agreement of the parties. A will maker may request in the will that no bond be required.
Should I take an executor fee?
If you have been reading our blog, you know that fees for an executor or administrator are statutory in California. Your executor fee is not; it is taxable income. So if you are the sole beneficiary of your parent’s will, it makes no sense to take a fee. Waiving it will increase your tax-free inheritance.
Can an executor do whatever they want?
What Can an Executor Do? Executors can use the money in the estate in whatever way they determine best for the estate and for fulfilling the decedent’s wishes. Typically, this will amount to paying off debts and transferring bequests to the beneficiaries according to the terms of the will.
What should you never put in your will?
Types of Property You Can’t Include When Making a Will
- Property in a living trust. One of the ways to avoid probate is to set up a living trust.
- Retirement plan proceeds, including money from a pension, IRA, or 401(k)
- Stocks and bonds held in beneficiary.
- Proceeds from a payable-on-death bank account.
What if the executor is also a beneficiary?
Secondly, if the executor is ALSO a beneficiary, then they are entitled to their inheritance distribution as dictated by the will, trust, or state intestacy law. Plus, they are entitled to be paid for their time and effort.
Can a beneficiary ask to see bank statements?
As a beneficiary you are entitled to information regarding the trust assets and the status of the trust administration from the trustee. You are entitled to bank statements, receipts, invoices and any other information related to the trust. Be sure to ask for information in writing. The request should be in writing.
Do beneficiaries have a right to see the will?
Technically, you only have the legal right to see the Will once the Grant of Probate is issued and it becomes a public document. This means if you were to ask to see the Will before then, the executors could theoretically refuse.
Can beneficiaries demand to see deceased bank statements?
Some times beneficiaries want to see more detailed documents such as a Deceased’s bank statement or pension documentation. Strictly speaking a beneficiary has no entitlement as of right to such documentation and it is your discretion as Executor whether or not to disclose it.