administering a trust | Northeast Ohio estate planning lawyer

When You Have Questions About Trust Administration, Northeast Ohio Estate Planning Lawyer Micheal McNamee Is Here to Help

Trusts are a crucial component of estate planning, offering a range of benefits from asset protection to tax advantages. However, with these benefits come a myriad of questions and responsibilities for trustees and beneficiaries alike.  Fear not - our Northeast Ohio estate planning lawyer is here to guide you every step of the way.

Frequently Asked Questions Regarding Trust Administration

  1. Can a Trustee take a fee for acting as a Trustee?

Answer – First you have to look at the terms of the trust document to determine whether it permits compensation for a trustee. The trust document may be silent on the issue or may have a provision that ‘reasonable compensation' may be taken. What does the OHIO trust code say – RESEARCH!

  1. Does a Trust need a separate bank account?

Answer – If the trust is ‘irrevocable' (often upon the death of the trust creator, then trust will then become irrevocable), then yes, a separate bank account should be opened for the trust. This trust bank account should be used to pay all of the expenses associated with the trust.

  1. Do I have to use my own social security number for the trust?

Answer – No, you do not have to use your own social security number but should obtain a federal identification number for the trust. This can be obtained from the IRS and should be used to open a trust bank account and for general banking purposes.

  1. Do I have to give a copy of the trust document to any of the beneficiaries?

Answer – YES - Under Ohio Law, a trustee must provide written notice of the existence of the trust and notify the beneficiaries that they are entitled to a copy of the trust. [1]

  1. As a trustee, am I personally liable for the debts or expenses of the Trust?

Answer – Generally, the answer is NO – An individual who is a trustee is acting in their capacity as the ‘fiduciary' of the trust. A Trustee has a fiduciary responsibility to act in good faith and follow the terms and conditions of the trust document. So absent any fraud or illegal acts of a trustee, an individual who is a trustee has no personal liability.

  1. Can a Trust Operate a Business?

Answer – Yes, a trust is able to operate a business. However, it is actually the trustee in their role as a fiduciary on behalf of a trust that can operate a business. A trustee on behalf of a trust can own assets such as stock in a corporation or a membership interest in a Limited Liability Company.

  1. Does a Trust have to File any documents with a court or any governmental agency?

Answer – No (Generally) – In Ohio, once a revocable trust is created, there are no documents that have to be filed with any governmental agency. That is one of the benefits of a trust in that it allows a person to maintain a certain amount of privacy.

Ohio Law does permit an “Ohio Legacy Trust” [2], which is an Asset Protection Trust that does require an Affidavit to be filed with the local county.

  1. How do you remove a person from serving as a Trustee?

Answer – A person can be removed from serving as a Trustee if it can be established that they ‘breached' their fiduciary responsibility as a Trustee. In Ohio, this type of litigation is generally in the local probate court, but the court of common pleas also would have jurisdiction.

[1] O.R.C. 5808.13 (B)(3)

[2] O.R.C. 5816

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