Legal Question in Wills and Trusts in California

trusts

What are the responsibilities of being a Trustee for a bank account of someone who has suffered a stroke and cannot speak? Is there an age limit to do this?


Asked on 7/13/09, 4:32 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: trusts

The trustee must accept the position, and complete the required documents to act as trustee, and the trustee must then invest the money prudently and use it only for the benefit of the trust's beneficiary.

The trustee is entitled to compensation for this, generally about 1% of the value of the trust assets per year.

I'd advise an attorney reviewing the trust to be able to advise you specifically, and the expenses for the trustee's attorney are also chargeable to the trust.

Being a trustee can be a thankless job, so be sure of what you're in for before you accept.

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Answered on 7/14/09, 7:36 pm
Scott Linden Scott H. Linden, Esq.

Re: trusts

It depends on what capacity you area a trustee. Generally, it carries a fiduciary duty (the highest of responsibilities and carefulness) not to commit waste and to act in the best interests of the person.

In your situation it may vary slightly, but it depends on what type of agreement you have in place. It could be as simple as being required to pay all of the person's bills.

There is no age limit, capacity and an understanding of what is required are the only necessities.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 7/13/09, 6:37 pm


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