Unless the trust document states otherwise, all co-trustees have equal power and equal duties to the trust.
Co-Trustees usually work in conjunction with, and with the approval of, the other co-trustees. This means that one co-trustee cannot make a decision about trust property without the express, unanimous approval of the other co-trustees. Sometimes the trust will make exceptions to this rule, such as when a co-trustee is ill and cannot make decisions, or when the trust expressly allows one trustee to make certain decisions alone.
Disclosing Trust Information
Each co-trustee has a responsibility to disclose information relating to the trust to the trust beneficiaries. This information must be disclosed in a timely manner and a co-trustee does not have to ask the approval of the other co-trustees before disclosing trust information to the beneficiaries.
All co-trustees have certain fiduciary duties, including the duty to act in the best interest of the beneficiaries and the duty not to self-deal with the trust assets. A breach of any fiduciary duty by a co-trustee may result in legal liability to the trust. In certain circumstances, a co-trustee can be liable for breaches by other co-trustees. This may be true even if the non-breaching co-trustee did not have actual knowledge of the breach. Co-trustees have the right to demand full disclosure from all co-trustees. Full disclosure requires all co-trustees to tell the other co-trustees about any personal interest they may have in an investment decision involving the trust assets. A co-trustee must report any suspected breaches by co-trustees to the trust beneficiaries immediately.
Right to Sue Co-Trustees
A co-trustee has the right to sue another co-trustee if she reasonably believes a breach has occurred. The co-trustee may file the lawsuit as an individual or as a representative of the trust. The particular circumstances of the breach will determine how to bring the lawsuit and in whose name to sue.
Right to Resign
A co-trustee may resign from the trust at any time. The trust document will provide the procedure for resignation and for replacing the resigning co-trustee.
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