Legal Question in Wills and Trusts in Maryland
Can the only beneficiary of a trust also be the trustee in the state of Maryland? I am an only child and ask because I cannot understand why a huge fee should be paid an attorney every year after my Parents pass for doing nothing. I am quite capable of paying taxes, etc. In California, my friends are executors of their parents trust.
1 Answer from Attorneys
The person who sets up the trust (the settlor) picks whomever they want the Trustee to be. This could be a child, friend, attorney or whomever. The beneficiary usually cannot decide who fills this role (though the Trust might give some powers to the beneficiaries to select a replacement Trustee).
To answer the first question the law does place restrictions on a "one man" trust - ordinarily someone cannot create a trust, act as its sole trustee and beneficiary since that would mean nothing is really being done in trust for someone else. There are many types of trusts and a variety of ways to set up these trusts - while it cannot be a one man (or woman) show, the law gives the person who creates the trust freedom to pick whom they want to manage the trust assets.