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Re: Purchase and Certification of Trust

Posted by SeanW on May 22, 2003 at 11:34 AM

In Reply to: Purchase and Certification of Trust posted by linda - CA on May 22, 2003 at 9:59 AM

>>If I understand it correctly, the trustee in a THT does not have the power to do anything without the approval of the beneficiaries

It's probably worth a visit to your local library to read up on the mechanics of trusts. The trustee of a trust acts in the interest of the beneficiary. Because the beneficiary could be incompetent, insane, juvenile, or whatever... it doesn't strictly matter if the beneficiary agrees to the actions of a trustee. What's important is the trustee made the decision to assist and protect the beneficiary-- without a conflict of interest for the trustee.

I haven't used trusts myself, but what the bank told you about that line in the trust creation sounds consistent to me. After all, why would you NOT want the power to borrow money on real estate?



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