ACCEPTANCE OF CUSTODIAN TRUSTEE An Affirmative Action 2025

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A trustee typically has the most control in running their trust. They are granted authority by their grantor to oversee and distribute assets ing to terms set out in their trust document, while beneficiaries merely reap its benefits without overseeing its operations themselves.
Though the difference between a qualified disclaimer and a non-qualified disclaimer, is simple, the tax implications to the disclaimant can be dire: if a disclaimant executes a non-qualified disclaimer of an asset, they are treated as making a gift of the asset to the next person in line for the asset, whereas, if a
A Trustee is a person who acts as a custodian for the assets held within a Trust. He or she is responsible for managing and administering the finances of a Trust per the instructions given. Often, the person who creates the Trust is the Trustee until they can no longer fill the role due to incapacitation or death.
Written Acceptance of Trusteeship and/or Certification of Trust: If the settlor was acting as trustee of his or her own trust, the new trustee (called a successor trustee) should sign an Acceptance of Trusteeship confirming that he or she has accepted his or her nomination by the settlor to act as the successor
Under California Probate Law, a trustee generally has the authority to sell trust assets without obtaining approval from all beneficiaries. More importantly, it is recommended that trustees seek consensus and secure written agreements. This will help alleviate disputes or legal challenges.
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If trustees cannot reach a consensus, even with the input of the beneficiaries, then they are able to apply to the Court for a decision. The Court will need to be given a full account of the details of the trust, the decision to be made and who it will affect and how, in order to reach a decision.
A qualified disclaimer of the survivorship interest to which the survivor succeeds by operation of law upon the death of the first joint tenant to die must be made no later than 9 months after the death of the first joint tenant to die regardless of whether such interest can be unilaterally severed under local law and,
A beneficiary of a trust may wish to disclaim their interest in the trust for: ∎ personal or family reasons (acceptance of a distribution might trigger a family dispute); ∎ possible bankruptcy concerns; and ∎ relationship breakdown concerns.

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