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Question 1
Cynthia is the trustee for property left in trust for her nephew, Marcus. The trust agreement states she is can invade principal, if needed, due to unforeseen circumstances. This is an example of
Correct
Incorrect!
Correct Most trust powers require the trustee to use her own judgment in determining whether an act should be performed. Here, since the trust agreement gives Cynthia the authority to invade trust principal'at her discretion'this would be considered a discretionary act.
Incorrect! Most trust powers require the trustee to use her own judgment in determining whether an act should be performed. Here, since the trust agreement gives Cynthia the authority to invade trust principal'at her discretion'this would be considered a discretionary act.
Correct
Incorrect!
Question 2
Cynthia is the trustee for property left in trust for her nephew, Marcus. The trust agreement states she is pay $1,000 per month to Marcus until he turns 21. This is an example of
Correct Any duty the trustee must perform is not considered a discretionary act. Here, Cynthia is required to pay $1,000 per month to Marcus. Since this is something she has to do, it would be considered an imperative act.
Incorrect! Any duty the trustee must perform is not considered a discretionary act. Here, Cynthia is required to pay $1,000 per month to Marcus. Since this is something she has to do, it would be considered an imperative act.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Winona conveyed her small Santa Monica, CA home to Nancy (as trustee) to hold it in trust for and to pay the income to Yves. Although the house is right on the beach and in good repair, it is old and does not have a modern kitchen. As such, the house is only rentable for a very low rent. With a modern kitchen it would be rentable for at least $1,400 per month. Nancy contracts to have a new kitchen installed for $7,500. Afterwards, the house is rented for $1,500 per month. Nancy should be reimbursed from the trust for this expense.
Correct Ordinarily, a trustee does not have the power to expend trust funds for improving trust property, unless the trust agreement allows it. Yet, if such improvements are reasonably priced and necessary to carry out the trust purpose, the trustee is empowered to make such improvements and get reimbursement from the trust. Here, the trust did not forbid Nancy from making such expenditures. In addition, in the interest of making the property more productive for Yves, the amount expended was considered reasonable. As such, Nancy is entitled to reimbursement from the trust for this expense.
Incorrect! Ordinarily, a trustee does not have the power to expend trust funds for improving trust property, unless the trust agreement allows it. Yet, if such improvements are reasonably priced and necessary to carry out the trust purpose, the trustee is empowered to make such improvements and get reimbursement from the trust. Here, the trust did not forbid Nancy from making such expenditures. In addition, in the interest of making the property more productive for Yves, the amount expended was considered reasonable. As such, Nancy is entitled to reimbursement from the trust for this expense.
Correct
Incorrect!
Question 4
John is the trustee of two rental properties held in trust for the benefit of his niece, Carla. According to the trust agreement, the trust is to terminate when she finishes college. At that time, the properties pass to her. The trust has already been in effect for six years. Carla is currently 21 years old. Recently one of the units came up for renewal. The old tenant decided to move and a new tenant is looking at the apartment. Generally, tenants are offered a two-year lease. Standard for the area is either a one-year or two-year lease. The new tenant plans to stay in the area for four years while he attends a local university. To streamline the administration of the trust, John offers the tenant a four-year lease. The term of the lease is reasonable, given the circumstances.
Correct
Incorrect!
Correct Rental terms and periods must be reasonable and appropriate to the settlor's purpose for the trust itself. Here, the settlor only intended the trust to last through Carla's college years. At that time, the property is to be turned over to Carla. Since she is already 21 years old, she will be graduating in another year. As such, a four-year lease would be inappropriate given the circumstances. A one-year term would be more reasonable, thereby giving Carla the option to renegotiate the lease the following year when she takes over control of the assets
Incorrect! Rental terms and periods must be reasonable and appropriate to the settlor's purpose for the trust itself. Here, the settlor only intended the trust to last through Carla's college years. At that time, the property is to be turned over to Carla. Since she is already 21 years old, she will be graduating in another year. As such, a four-year lease would be inappropriate given the circumstances. A one-year term would be more reasonable, thereby giving Carla the option to renegotiate the lease the following year when she takes over control of the assets
Question 5
John is the trustee of two rental properties held in trust for the benefit of his niece, Carla. According to the trust agreement, the trust is to terminate when she finishes college. At that time, the properties pass to her. The trust has already been in effect for six years. Carla is currently 21 years old. Recently, a major developer offered John an attractive price to sell the two properties. John should take the offer.
Correct
Incorrect!
Correct Where the trust agreement is silent on whether the trustee has a power to sell trust property, most courts today will often imply such a power. For guidance the court will consult the trust agreement to determine the settlor's intention for establishing the trust. Here, the trust agreement states that the property is to pass to the beneficiary when she finishes college. Currently, Carla is 21 years old and will be graduating within the next year. As such, it would be inappropriate for John to sell the properties, since that would be contrary to the settlor's original intention. Carla can make that decision for herself next year.
Incorrect! Where the trust agreement is silent on whether the trustee has a power to sell trust property, most courts today will often imply such a power. For guidance the court will consult the trust agreement to determine the settlor's intention for establishing the trust. Here, the trust agreement states that the property is to pass to the beneficiary when she finishes college. Currently, Carla is 21 years old and will be graduating within the next year. As such, it would be inappropriate for John to sell the properties, since that would be contrary to the settlor's original intention. Carla can make that decision for herself next year.
Question 6
Miguel is the trustee for property held in trust for his sister, Emma, who is a minor. The trust is due to terminate when she reaches age 25. Their parents died in a car accident six months ago. Subsequently, the driver of the other vehicle filed a wrongful death claim against the trust in the amount of $500,000. Miguel's attorney estimates that it will take three to five years for the case to make its way through the courts. What should Miguel do?
Correct A trustee has an obligation to consider the best interests of the beneficiary when making decisions about the trust. In addition, the trustee has a duty to preserve the trust assets. Here, since Emma is still a minor, Miguel will need as much money as possible for her support over the years. As such, to minimize legal fees and resolve the lawsuit as quickly as possible, it would wise for Miguel to aggressively negotiate a favorable settlement, ideally one that would fall within the limits of their parents' automobile insurance policy.
Incorrect! A trustee has an obligation to consider the best interests of the beneficiary when making decisions about the trust. In addition, the trustee has a duty to preserve the trust assets. Here, since Emma is still a minor, Miguel will need as much money as possible for her support over the years. As such, to minimize legal fees and resolve the lawsuit as quickly as possible, it would wise for Miguel to aggressively negotiate a favorable settlement, ideally one that would fall within the limits of their parents' automobile insurance policy.