Legal Question in Real Estate Law in California

can i give away our pick up truck if it is under our family trust?


Asked on 10/16/09, 9:54 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The trust language states how the assets can be distributed; even if no one now will complain, what about in the future when they want to remove the Trustee.

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Answered on 10/16/09, 10:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Only the trustee (or trustees if there are more than one) can dispose of trust property, and the trustee must act at all times within the powers and duties imposed upon him, her or it by the trust itself. The truck may be mentioned specifically in the trust (as to how it is to be managed, etc.) or maybe the trust only gives more generalized guidance for the trustee. A trustee probably should not "give away" trust property unless (a) it is truly worthless, or (b) the trust authorizes gifts. The authority to make gifts may, in turn, be very specific, or rather general.

Assuming this is a testamentary trust and that the trustor-trustee has passed away, the successor trustee might be instructed (for example): "I want the '37 Ford pickup to go to Cousin Fred when I die" or "Jim, I'm making you my successor trustee when I pass away because I know you'll make wise decisions to donate all the old farm equipment to deserving folks." (Examples of specific and general powers granted to the successor trustee by the trust terms).

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Answered on 10/17/09, 12:24 am


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