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Commonly Asked Questions about Legal Documents for Trustees

The only legal requirement in California for a person to be a trustee is that she or he is at least 18 years old and of sound mind. The Trustee must also be a U.S. citizen to avoid adverse tax consequences.
Trustees can be held liable for the losses they cause to the trust they are administering. Typically, beneficiaries can recover assets of the trust that were distributed improperly if they can trace them. Problems may arise in recovering the assets if an innocent purchaser bought them for value.
The 4 Biggest Mistakes Parents Make When Setting Up a Trust Fund Not choosing the right Trustee. Choosing the wrong Trustee is a common mistake parents make. Not being clear about the goals of the Trust. Not including asset protection provisions. Not reviewing the Trust annually.
The trustee of a California trust has a duty to keep beneficiaries reasonably informed of the trust and its administration. The trustee must also account to all current income or principal beneficiaries (1) at least annually, (2) upon the termination of a trust, or (3) upon a change in trustee.
What powers does a trustee have? make reasonable repairs, insure the property, sell assets, make prudent investments, pay certain administrative bills and expenses, and. make distributions and payments to the beneficiaries ing to the trust document.
The trustee has a duty to do the following: (a) To keep the trust property separate from other property not subject to the trust. (b) To see that the trust property is designated as property of the trust. 16010. The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.
A trustee must invest trust assets as a prudent investor would, including diversifying investments where appropriate. To carry out this duty, the trustee can consider the purpose and terms of the trust, but should generally endeavor to invest assets productively.
The fundamental duties of a trustee are as follows: (1) the duty of good faith and loyalty; (2) the duty of reasonable skill and diligence; (3) the duty to give personal attention; and (4) the duty to keep and render accounts.