QUESTION

Can a trustee of a trust agreement who is also a beneficiary of the trust, apply for a loan using the trust agreement as proof of collateral.

Asked on Jan 15th, 2021 on Trusts and Estates - Florida
More details to this question:
I am one of three beneficiary's on a trust agreement. The trustee has purchased the home in the trust. He received a loan secured by the trust and using that money to pay for the asset in the trust. No purchase contract was signed, no real estate closing statement furnished, just a piece of paper stating what the other beneficiary's need to pay him for his expenses, no receipts provide just a hand written statement from the trustee outlining his expenses incurred and a check minus his expenses that were not agreed upon. I see all the red flags and need direction.
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1 ANSWER

The trustee is the legal owner of the trust, but owes a fiduciary duty to the beneficiaries. The trustee can only do what the trust allows the trustee to do.  An accounting is owed to the beneficiaries.    I would have to review the trust before I answer your question. You can contact me at 305-283-4785 or e-mail me at sgarciavidal@garciavidallaw.com.    Thank you. 
Answered on Jan 18th, 2021 at 8:07 AM

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