There are 3 trustees of a revocable trust in CA. Do all 3 have to agree before proceeding? Where does it state the answer?

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All 3 are equal beneficiaries. One lives in CA. Two live in other states.

Attorney Answers

4
Dennis Phillips ·
The trust agreement itself should tell you the answer. The best practice is to try to get them to put their decisitions into a written record like minutes from trustees' meetings.
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Steven Fromm ·
If the trust is silent as to this answer the trust laws of the state of administration of the trust usually provides for a default rule for this situation. Consult with an estates attorney in that jurisdiction for a review of the trust and state law if the trust is silent. Anything less than a review is mere conjecture. Making interim distributions are always risky for the executor since there is personal liability if he makes a mistake and there is not enough assets to pay all preference claims. Prudence dictates being very wary of making distributions early in the estate administration. Liquidity and solvency is the priority here. Only if the estate has a lot more assets than the claims against the estate would interim distributions be made. You should discuss this matter more with the executor and the attorney for the estate to get a better idea if this is the case. Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is
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Bert Tigerman 129270.Html ·
Probate Code Section 15620. provides: "Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action."
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