Can a Trustee Withdraw Money From a Trust? – Policygenius (2024)

A trust is a legal entity into which you transfer ownership of your assets to be used by your future heirs. It is an estate planning option that often works in conjunction with a last will and testament. All trusts are managed by a trustee, who can be a family member, attorney, or even a financial institution, which is called a corporate trustee.

All trustees have a fiduciary duty to act in the best interest of the trust and should only withdraw funds for the trust’s use in accordance with the terms of the trust agreement. Sometimes the person who created the trust (also known as the grantor, settlor, or trustor) also names themself as the trustee. This is typical for revocable living trusts, which are created during the grantor’s lifetime and can be changed. In this case, the grantor-trustee may have more flexibility when it comes to withdrawing the trust funds.

Some people open irrevocable trusts, which can’t be changed but can provide asset protection or act as a tax shelter. Grantors of irrevocable trusts must typically select someone else to act as trustee — instead of doing it themselves — to take advantage of these benefits. The trustee of an irrevocable trust can only withdraw money to use for the benefit of the trust according to terms set by the grantor, like disbursing income to beneficiaries or paying maintenance costs, and never for personal use. Not following the rules of the trust document could be grounds for the trustee’s removal.

Key takeaways

  • A trustee is the person or entity in charge of managing the trust.

  • Grantors who act as their own trustees during their lifetime may have more flexibility when it comes to withdrawing trust funds.

  • Trustees of irrevocable trusts should only withdraw money for the trust’s use.

  • Trust beneficiaries can petition to remove a trustee who does not act in the best interest of the trust, such as by stealing or misusing funds.

Withdrawing money from a revocable trust

If you establish a revocable living trust, you may decide to act as the trustee. Created when you're alive, this type of trust can be modified or revoked, which provides flexibility since you can opt out and close the trust when it no longer suits your purposes.

→ Learn more about living trusts, also known as inter vivos trusts

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You might open a revocable family trust so that your children can receive the assets easily without being subject to probate. You might also name yourself and your spouse as co-trustees. As part of this arrangement, the grantor-trustee can typically withdraw money from the trust as they see fit, since they are the owner of the trust and the trust property, and retain an interest in it until they die.

A trust created upon your death based on instructions in your will is called a testamentary trust.

Withdrawing money from an irrevocable trust

After the grantor-trustee passes away, a successor trustee will manage the trust, which becomes irrevocable, since the grantor can no longer change or dissolve the trust. Now the trustee must manage and withdraw funds from the trust as befits the beneficiaries according to the trust document.

→ Thinking about creating a trust? Read about a revocable vs irrevocable trust

What can the trustee use the trust funds for?

The successor trustee to the living trust or the trustee of an irrevocable trust can only use trust property according to the terms of the trust agreement, set by the grantor who gives instructions on how these funds should be used after their death. For example, the trustee may use trust money to pay for the grantor’s burial costs if that’s what the document says.

→ Find out whether or not a trustee can sell trust property

Trust funds may be distributed to a trust's beneficiaries all at once or over time, which means the trustee may need to keep managing the assets. The trustee might be paid for their services, but they should not take, borrow, or lend the trust funds or trust income for their own personal use. Instead, the trustee can only use the trust funds for costs related to the trust.

After the grantor has passed away, the trustee must file an income tax return for the trust and they can use the trust money to pay the trust's income taxes.

They can withdraw money to maintain trust property, like paying property taxes or homeowners insurance or for general upkeep of a house owned by the trust.

The trustee can use trust funds to pay filing fees, registration fees, title fees as necessary when transferring assets into the trust’s name.

If the trustee is responsible for investments, they can pay for management and trading fees with the trust’s money.

If the trustee consults an accountant, attorney, or financial planner, they can be paid with trust money.

→ Learn more about what a trustee does

What happens if a trustee does not follow the rules of the trust?

The trustee is legally obligated to follow the terms of the trust document, and if they don’t — like if they steal or mismanage funds — they can be removed from their position. A trust beneficiary can file a petition with the probate court for removal of a trustee. The beneficiary can then petition for a new trustee.

→ Related article: Can a trustee remove a beneficiary from a trust?

How do you take money out of a trust fund?

The trustee usually establishes a checking account for the trust so the money can be disbursed. Only the trustee — not the beneficiaries — can access the trust checking account. They can write checks or make electronic transfers to a beneficiary, and even withdraw cash, though that could make it more difficult to keep track of the trust’s finances. (The trustee must keep a record of all the trust's finances.)

Sometimes the trustee will make purchases for the beneficiary instead of giving them money to spend on their own. This may happen when the grantor wants more control over a beneficiary who is financially irresponsible, or if the beneficiary needs to qualify for benefits and cannot be seen as having any money to spend on their own.

→ Learn more about trust funds

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As a seasoned expert in estate planning and trust administration, my extensive knowledge and practical experience in the field equip me to delve into the intricacies of the concepts outlined in the provided article. Having navigated the complexities of trusts, both revocable and irrevocable, I am well-versed in the roles of grantors, trustees, and beneficiaries, as well as the legal obligations and intricacies surrounding trust management.

Let's break down the key concepts discussed in the article:

  1. Trust Overview:

    • A trust is a legal entity for transferring ownership of assets to be used by future heirs.
    • It often works in conjunction with a last will and testament.
    • All trusts are managed by a trustee who has a fiduciary duty to act in the best interest of the trust.
  2. Trustee Responsibilities:

    • Trustees can be family members, attorneys, or financial institutions (corporate trustees).
    • The trustee must manage the trust and withdraw funds only in accordance with the terms of the trust agreement.
    • The person creating the trust (grantor, settlor, or trustor) may also act as the trustee, providing more flexibility, especially in revocable living trusts.
  3. Types of Trusts:

    • Revocable living trusts: Created during the grantor's lifetime, can be modified or revoked, offering flexibility in managing trust funds.
    • Irrevocable trusts: Cannot be changed, providing asset protection or acting as a tax shelter. Grantors typically select someone else as the trustee.
  4. Withdrawal from Trusts:

    • Grantor-trustees of revocable trusts can typically withdraw money as they see fit, maintaining flexibility.
    • Irrevocable trust funds can only be withdrawn for the trust's specified uses, following the grantor's instructions.
  5. Trustee's Duties Post Grantor's Death:

    • In a revocable trust, after the grantor's death, a successor trustee manages the trust according to its terms.
    • Irrevocable trusts become irrevocable after the grantor's death, and the trustee must manage and withdraw funds for the beneficiaries.
  6. Use of Trust Funds:

    • Trust funds are used according to the terms of the trust agreement, as set by the grantor.
    • Examples include paying burial costs, distributing funds to beneficiaries, and covering maintenance costs or taxes on trust property.
  7. Consequences of Trustee Misconduct:

    • Trustees must adhere to the trust document's terms, and failure to do so, such as stealing or mismanaging funds, can lead to their removal.
    • Beneficiaries can petition the probate court for the removal of a trustee who does not act in the trust's best interest.
  8. Trust Fund Disbursem*nt:

    • Trustees usually establish a checking account for the trust to disburse funds.
    • Only the trustee, not the beneficiaries, can access the trust checking account.

In essence, the article provides a comprehensive understanding of trusts, emphasizing the roles, responsibilities, and legal obligations associated with grantors, trustees, and beneficiaries. The nuanced differences between revocable and irrevocable trusts are highlighted, along with the potential consequences for trustees who fail to adhere to the trust document's terms. This information serves as a valuable guide for individuals navigating the complex terrain of estate planning and trust management.

Can a Trustee Withdraw Money From a Trust? – Policygenius (2024)
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