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Can a non resident be a trustee of a trust?

Can a non resident be a trustee of a trust?

While you can choose a non-citizen trustee, you should look for someone who is, at minimum, a resident of the United States to be your trust’s fiduciary. If your trustee is a non-citizen and does not have residency in the United States or California, your trust may be a foreign trust upon formation.

Who can you appoint as a trustee?

Who can be appointed as a Trustee? You can appoint anyone ‘suitable’ and over the age of 18 to act as a Trustee. You may also appoint a company or corporate entity as a Trustee if you wish. Whilst there is no legal restriction on appointing a beneficiary as a Trustee, you should be careful when doing so.

How do you make someone a trustee?

How to Create a Living Trust in California

  1. Pick a type of living trust. If you’re married, you’ll first need to decide whether you want a single or joint trust.
  2. Take stock of your property.
  3. Choose a trustee.
  4. Draw up the trust document.
  5. Sign the trust.
  6. Transfer your property to the trust.

Can a trustee be a foreigner?

Naming a non-US citizen as a trustee may result in the trust being considered a foreign trust. A US citizen trustee will not likely incur additional income tax consequences because the trust will be likely be considered a domestic trust and taxed accordingly.

Can a permanent resident be a trustee?

This person may be a friend or family member and in some cases could also be one of your beneficiaries. However, the trustee should be a US citizen or a lawful permanent resident (aka green card holder). If a non-US Person (defined in the tax code) acts as trustee, some unintended negative tax consequences can result.

Does a trustee have to be appointed?

It depends on state probate laws and/or what the trust says to do in such a case. Successor trustees have to willingly accept their role — usually by signing a consent to serve or affidavit of appointment. If an existing trustee wishes to change their successor trustee, they must make an actual amendment to the trust.

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Who is the trustee of my boyfriend’s house?

This is a long shot, but you might want to ask your boyfriend’s brother to confirm that he is the trustee of the trust that holds the house. If he’s not, he doesn’t have any authority to dictate what happens to it. It’s up to the trustee to follow the trust instructions on behalf of the trust beneficiaries.

Can a friend or family member serve as a trustee?

While they will often charge more than a friend or family member, they typically charge less than a trust company or corporate trustee. Lawyers and accountants generally charge their hourly rate for the time they spend serving as trustee. A disadvantage is that they may not have the same institutional structure that a trust company will have.

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