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Can a trustee delegate to someone else to handle his responsibilities if the trust says he can?

Rochester, NY |

Do you just need a power of attorney to do it?

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Attorney answers 4

Posted

The answer is yes, if the trust says so. However, if the trustee can't act or fails to act (as opposed to hiring a professional), you may need to consider removal and appointment of a successor trustee.
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Posted

It depends on the duties and what the Trust states, but generally a trustee would be required to hire some professionals to carry out their duties if specialized knowledge is required, e.g., preparation of taxes. There does not need to be a POA, the trustee can just hire someone. Giving a POA does not absolve the trustee of their duties, so hiring someone does not let the trustee ignore what future actions are taken by that agent.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

Posted

I agree with both of the attorneys. Also, if the trust allows the trustee to appoint a successor trustee under the terms of the trust, then the trustee could resign after naming such successor trustee.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Posted

I agree with all the answers. As long as the trust allows for delegation, trustee duties can be delegated. Usually the trust will indicate that some writing evidence that the delegation takes place, but it is not normally a power of attorney. The Power of Attorney might authorize others to take action, again if it was authorized by the trust to establish a power of attorney and to delegate rights.

Any advice contained in this message was not written and is not intended to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties with respect to taxes that may be imposed upon the taxpayer. (See IRS Circular 230). Before taking any action, you should seek the advice of an attorney.

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