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Generally, co-trustees must agree when making decisions, either unanimously or by majority. The statutory default is by majority when there are at least three trustees and unanimous if only two trustees. However, the terms of the trust control. Sometimes we draft trusts to allow one co-trustee to act independently.
Can a co-trustee act alone? The answer to this is No unless the Trust document states otherwise. In the case where the Trust does not explicitly state, the Trustee and the co-trustee should make all decisions unanimously to push the trust administration process forward.
First, if you have no children and die intestate in Nevada, your spouse would inherit your entire estate. But if you die leaving behind a spouse and one child, your spouse inherits all of your community property and half of your separate property, leaving your child the latter half of your separate property.
Your spouse will inherit the first $75,000 of your intestate property, and half of what remains of your intestate property after that. Your descendants will then inherit everything else. In Utah, the value of non-probate transfers count as part of the intestate estate.
To make a living trust in Utah, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trusts beneficiariesthat is, who will get the trust property. Create the trust document.
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Trustees should act jointly (unless the trust document specifies that they can act by majority). Trustees are jointly liable for mistakes and should therefore act together. Trustees should not normally delegate functions to each other. Legal advice should be obtained before attempting to delegate trustee functions.
Family trusts can be beneficial for protecting vulnerable beneficiaries who may make unwise spending decisions if they controlled assets in their own name. A spendthrift child, or a child with a gambling addiction can have access to income but no access to a large capital sum that could be quickly spent.
With that said, revocable trusts, irrevocable trusts, and asset protection trusts are among some of the most common types to consider.
The normal rule for trustee decision-making is that every trustee is expected to be active. 8 Where there are multiple trustees, this duty requires the trustees to act together and not delegate responsibilities to another. 9 Following from these duties is the duty to act unanimously.
Family trusts protect your investment assets A family trust can protect the assets of a family group, as assets arent held in your personal name. A family trust is a separate legal entity, meaning you can access a certain level of protection if you face financial difficulty or legal action.

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