If Trust Requires 3 Trustees - Can One Use The Same Trustees For All Trusts
Yes, one can use the same trustees for all trusts created. The legal reasoning behind having (3) trustees, is due to the fact that having 50% control or more of a trust as trustee can lead to undesirable results when defending a trust in court. Further, if 2 trusts are called into court due to interacting with each other, a judge will want to see 2 unique individuals standing there in court to represent each trust. If there is only one trustee, representing both trusts - it would not pass "The Smell Test" and be deemed potentially fraudulent by the judge (even when it is not).
NOTE: Due to the privacy agreement within the Trust Indenture (a private contract), no trustee can be forced by law (per U.S. Constitution Art. I Sec. X Clause I) to reveal any other trustees which sit on the Board of Trustees. Only one trustee need be in court to defend the trust.
What If One Has No Trustees - Can A Trust Serve As Trustee
Yes, a trust may serve as trustee. However, this will not work for a situation where only one person sits on a board with 2 other trusts serving as trustees - simply because those trusts are are controlled by the one person/trustee. This is in ...
Is It Required to Have 3 Trustees
While one can change the paperwork in the Trust Indenture to require only one trustee, the paperwork is designed to have three trustees for the following reasons: 1) If multiple trusts get called into court, due to their normal interactions in ...
Can Someone Be Grantor/Creator + Trustee + Beneficiary
No. A contract between only (1) party is invalid, contracts require (2) or more parties to be considered valid. One can be Grantor and a/the Beneficiary. There is no conflict of interest being Grantor & Beneficiary because Beneficiary cannot ...
Trustee Powers Independent of Majority Vote of the Board
A Trustee may independently, without the majority vote of the Board of Trustees do the following: 1. Receive property into the trust; 2. Initiate a contract for services (provided notice is given to the Board of Trustees within 3 days); and 3. ...
Does One Need to Name a Successor Trustee
This depends on the individual bank one is opening an account with. For example Chase requires a Successor Trustee, but TD Ameritrade requires a Co-Trustee, and other banks only require one Trustee to sign. Call the bank before the appointment to ...