Salt Lake City, UT asked in Estate Planning for Utah

Q: Can a successor trustee live in the house owned by the trust while settling the trust, as payment for trustee services?

The house is a long distance from the trustee’s residence and full of personal property to be garnered, valued, and distributed. The house is to be sold with equal shares to beneficiaries. The trustee is one of those beneficiaries.

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: It sounds reasonable as long as it doesn't take too long. If the trust doesn't speak to that ability, then the trustee probably can. A trustee's actions need to be reasonable or some other standard as outlined in the trust agreement. If this is done, then the trustee will still need to track their hours and expenses so that the beneficiaries can tell whether the expenses are reasonable whether those services are paid through allowing the trustee to live in the home or otherwise.

Paul Waldron agrees with this answer

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