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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 54728
Experience:  Licensed attorney helping individuals and businesses.
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After a settlor of a trust dies can the trustee transfer

Customer Question

After a settlor of a trust dies can the trustee transfer real property out of the trust to himself as a trustee in a different trust?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

Hello

Expert:  Infolawyer replied 1 year ago.

The trustee has to follow the trust and keep assets in the trust. Moving assets out of a trust to himself is not allowed except in the rare occasion that the trust expressly provides it, most do not. The transfer is normally not allowed and violates duties of trustee. The transfer would be void and assets returned to the trust. A court would remove the trustee and hold trustee liable personally for any losses incurred by the trust due to misconduct.

Expert:  Infolawyer replied 1 year ago.

Please let me know if the answer is fast and acceptable.

Expert:  Infolawyer replied 1 year ago.

awaiting your reply or rating, thanks

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