California Trusts

Question 1

DELETE Trust (California)

Answer 1

A fiduciary relationship where one party (the trustee) holds legal title to property for the benefit of another (the beneficiary) who holds equitable title.

Example sentence: John created a trust for his daughter, with his brother as the trustee.

Question 2

Types of Trusts (California)

Answer 2

Express Trusts (created intentionally) and Implied Trusts (arise by operation of law).

Example sentence: Express trusts are commonly used for estate planning purposes.

Question 3

Express Trusts (California)

Answer 3

Trusts created intentionally by the settlor.

Example sentence: Sarah established an express trust to protect her assets for her grandchildren.

Question 4

Private Express Trusts (California)

Answer 4

Created to benefit private, non-charitable beneficiaries.

Example sentence: The private express trust was set up to ensure the financial security of the family members.

Question 5

Charitable Trusts (California)

Answer 5

Created for charitable purposes or to benefit qualified charitable beneficiaries.

Example sentence: The charitable trust was established to support educational initiatives in underprivileged communities.

Question 6

Implied Trusts (California)

Answer 6

Trusts that arise by operation of law.

Example sentence: The court recognized the implied trust based on the circumstances of the case.

Question 7

Constructive Trusts (California)

Answer 7

Imposed to deprive a wrongdoer from retaining improperly obtained property.

Example sentence: The court imposed a constructive trust to remedy the fraudulent actions of the defendant.

Question 8

Resulting Trusts (California)

Answer 8

Imposed irrespective of wrongdoing when circumstances require it, typically when a settlor transfers full legal title but fails to transfer full equitable title.

Example sentence: The resulting trust was established to clarify the intended distribution of the property.

Question 9

Principal Players (California)

Answer 9

Settlor, Trustee, and Beneficiary.

Example sentence: The principal players in the trust relationship have distinct roles and responsibilities.

Question 10

Settlor (California)

Answer 10

Sets up the trust.

Example sentence: The settlor carefully outlined the terms of the trust in the legal document.

Question 11

Trustee (California)

Answer 11

Administers, manages, and owns legal title to the trust property.

Example sentence: The trustee is responsible for ensuring the trust assets are invested wisely.

Question 12

Beneficiary (California)

Answer 12

Receives equitable title to the trust property.

Example sentence: The beneficiary has the right to receive the income generated by the trust assets.

Question 13

Capacity (California)

Answer 13

The legal ability to create a trust; the settlor must be at least 18 years old and of sound mind.

Example sentence: The settlor’s capacity to create a trust is essential for the validity of the trust.

Question 14

Intent (California)

Answer 14

The settlor’s intention to create a trust at the present time.

Example sentence: The settlor’s clear intent to establish a trust was evident in the trust document.

Question 15

Formalities (California)

Answer 15

Legal requirements for creating a trust, such as writing and signing.

Example sentence: The trust document complied with all the formalities required by law.

Question 16

Valid Purpose (California)

Answer 16

The trust must be created for a lawful purpose.

Example sentence: The court examined whether the trust had a valid purpose before approving its establishment.

Question 17

Ascertainable Beneficiary (California)

Answer 17

A beneficiary who can be identified at the time the trust is created.

Example sentence: The ascertainable beneficiary was named in the trust document to ensure clarity.

Question 18

Active Duties (California)

Answer 18

A trustee must have active duties to perform in administering the trust.

Example sentence: The trustee diligently carried out their active duties in managing the trust assets.

Question 19

Declaration of Trust (California)

Answer 19

A settlor declares that they hold property in trust for certain beneficiaries.

Example sentence: The declaration of trust clearly outlined the settlor’s intentions and responsibilities.

Question 20

Inter Vivos Trust (California)

Answer 20

A trust created during the settlor’s lifetime.

Example sentence: The inter vivos trust allowed the settlor to transfer assets to beneficiaries while still alive.

Question 21

Testamentary Trust (California)

Answer 21

A trust created by a will that takes effect upon the settlor’s death.

Example sentence: The testamentary trust ensured the orderly distribution of assets according to the settlor’s wishes.

Question 22

Secret Trust (California)

Answer 22

A trust where the will gives no indication of the existence of the trust.

Example sentence: The secret trust was revealed only after the settlor’s death, surprising the beneficiaries.

Question 23

Semi-Secret Trust (California)

Answer 23

A trust where the will indicates the existence of the trust but fails to lay out all necessary terms.

Example sentence: The semi-secret trust required additional clarification to determine the beneficiaries’ rights.

Question 24

Pour-Over Trust (California)

Answer 24

A will that directs the transfer of the decedent’s property into a trust established either by the testator during their lifetime or by another person.

Example sentence: The pour-over trust ensured the seamless transfer of assets into the established trust.

Question 25

Trustee's Powers (California)

Answer 25

The legal powers granted to the trustee to manage and administer the trust property. ## Footnote Example sentence: The trustee's powers were clearly defined in the trust instrument to guide their decision-making.

Question 26

Express Powers (California)

Answer 26

Powers specifically granted to the trustee in the trust instrument. ## Footnote Example sentence: The trustee exercised their express powers to make investment decisions on behalf of the trust.

Question 27

Implied Powers (California)

Answer 27

Powers that are necessary or appropriate to carry out the terms of the trust. ## Footnote Example sentence: The trustee utilized their implied powers to address unforeseen circumstances in trust administration.

Question 28

Prudent Investor Rule (California)

Answer 28

A rule requiring the trustee to invest and manage trust assets as a reasonable and prudent investor would. ## Footnote Example sentence: The trustee adhered to the prudent investor rule to ensure the long-term growth of the trust assets.

Question 29

Duty of Loyalty (California)

Answer 29

A trustee's obligation to act in the best interest of the beneficiaries. ## Footnote Example sentence: The trustee's duty of loyalty prevented any conflicts of interest in trust management.

Question 30

Self-Dealing (California)

Answer 30

When a trustee acts in their own interest rather than in the interest of the beneficiaries. ## Footnote Example sentence: The trustee's self-dealing behavior led to legal action by the beneficiaries.

Question 31

Conflict of Interest (California)

Answer 31

A situation where the trustee's personal interests could conflict with their duties to the beneficiaries. ## Footnote Example sentence: The conflict of interest required the trustee to recuse themselves from certain trust decisions.

Question 32

Duty to Diversify (California)

Answer 32

A trustee's obligation to diversify the trust's investments to spread risk. ## Footnote Example sentence: The duty to diversify helped protect the trust assets from market fluctuations.

Question 33

Earmark Assets (California)

Answer 33

The requirement to keep trust property separate from the trustee's own property. ## Footnote Example sentence: Earmarking assets ensured the clear distinction between trust assets and personal assets.

Question 34

Accounting (California)

Answer 34

The trustee's duty to keep accurate records of trust administration and provide them to beneficiaries. ## Footnote Example sentence: The trustee's meticulous accounting practices enhanced transparency in trust management.

Question 35

Impartiality (California)

Answer 35

The trustee's duty to treat all beneficiaries fairly and without bias. ## Footnote Example sentence: The trustee demonstrated impartiality in distributing trust proceeds to all beneficiaries.

Question 36

Duty to Co-Trustees (California)

Answer 36

The obligation of each trustee to prevent and address breaches of trust by co-trustees. ## Footnote Example sentence: The duty to co-trustees encouraged collaboration and accountability in trust administration.

Question 37

Surcharging the Trustee (California)

Answer 37

Holding the trustee personally liable for losses to the trust caused by their breach of duty. ## Footnote Example sentence: The court considered surcharging the trustee for the financial losses incurred due to their breach of duty.

Question 38

Removal of Trustee (California)

Answer 38

The process of removing a trustee for failure to perform their duties. ## Footnote Example sentence: The beneficiaries initiated the removal of the trustee due to their failure to fulfill their obligations.

Question 39

Liability to Third Parties (California)

Answer 39

The trustee's responsibility for contracts and torts involving the trust property. ## Footnote Example sentence: The trustee's liability to third parties required careful consideration in trust management.

Question 40

Income Beneficiary (California)

Answer 40

A beneficiary who is entitled to receive income generated by the trust property. ## Footnote Example sentence: The income beneficiary received regular payments from the trust's investment returns.

Question 41

Principal Beneficiary (California)

Answer 41

A beneficiary who is entitled to receive the trust property itself, also known as a remainderman. ## Footnote Example sentence: The principal beneficiary inherited the trust property upon reaching a specified age.

Question 42

Discretionary Trust (California)

Answer 42

A trust where the trustee has discretion over how much, if any, of the trust property is distributed to beneficiaries. ## Footnote Example sentence: The discretionary trust allowed the trustee to allocate funds based on the beneficiaries' needs.

Question 43

Spendthrift Trust (California)

Answer 43

A trust that restricts the beneficiary's ability to transfer their interest and protects it from creditors. ## Footnote Example sentence: The spendthrift trust shielded the beneficiary's inheritance from potential creditors.

Question 44

Modification (California)

Answer 44

Changing the terms of a trust. ## Footnote Example sentence: The modification of the trust was necessary to accommodate changing circumstances.

Question 45

Termination (California)

Answer 45

Ending the trust and distributing its property. ## Footnote Example sentence: The termination of the trust required approval from all beneficiaries.

Question 46

Revocation (California)

Answer 46

The settlor's ability to terminate a trust, which is generally presumed unless the trust is expressly made irrevocable. ## Footnote Example sentence: The settlor considered revocation of the trust due to changing family circumstances.

Question 47

Cy Pres Doctrine (California)

Answer 47

A doctrine allowing modification of a charitable trust when its original purpose becomes impractical or impossible to achieve. ## Footnote Example sentence: The court applied the cy pres doctrine to ensure the charitable trust's continued effectiveness.