Also known as: res of the trust · trust res · trust property
Written by attorneys · grounded in primary & secondary sources — see below
The property or assets that constitute the subject matter of a trust and that the trustee holds and manages for the beneficiaries.
Ronald Reed created a trust holding investment accounts and real estate for his two adult children. When the trustee sold a parcel and prepared to distribute proceeds, one child demanded a larger share based on past contributions. The trustee divided the proceeds equally after reviewing each beneficiary's interests in the res of trust.
Ravi Reddy and his sister each transferred separate brokerage accounts into a single trust. The trustee tracked the res of trust by allocating gains and losses proportionally to each contributor's original deposit rather than pooling everything without distinction.
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Rosalind Reed resigned as trustee of a trust holding commercial leases. Until a successor was appointed, she continued collecting rents and paying insurance on the res of trust to prevent loss of the underlying property.
Roger Ramirez was removed as trustee of a trust containing artwork and securities. He promptly arranged for the successor trustee to take physical possession of the paintings and transferred the brokerage accounts that formed the res of trust.
Ryan Roberts transferred his business interests into a trust but kept broad powers to direct investments and distributions. After his death, creditors argued the arrangement left the res of trust reachable because the retained powers rendered the transfer incomplete.
Rachel Ramirez funded a trust with investment securities and retained a life income interest. The court examined whether the res of trust remained part of her taxable estate given the degree of control she continued to exercise over the assets.
The former trustee must deliver the trust property to a successor or cotrustee and retains duties to protect the assets until delivery occurs. This prevents gaps in management that could harm the property or beneficiaries.
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When the trust is revocable, creditors may reach the trust property because the settlor retains practical control. The analysis focuses on the powers retained rather than the form of title.
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No. The underlying marital character of the assets remains unchanged even after they become the res of trust. Courts treat the property as marital and subject to division regardless of the trust form.
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The trustee must act impartially in investing, managing, and distributing the property while giving due regard to each beneficiary's interests. This duty prevents favoritism that could disadvantage one beneficiary over another.
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…Moreover, other heirs of Senator Bacon intervened and they and the defendants other than the city asked for reversion of the trust property to the Bacon estate in the event that the prayer of the petition were denied. The Georgia court accepted the resignation of the city as trustee and appointed three individuals as new…