What power does a trustee have under a deed in trust?

The power of a trustee under a deed in trust is primarily to act in accordance with the terms of the trust agreement, which includes the authority to sell, mortgage, and subdivide the property as specified in that agreement. This role is crucial because the trustee must operate within the legal framework established by the trust, making decisions that are in alignment with the best interests of the beneficiaries while adhering to the provisions outlined in the trust documentation.

Trustees are not meant to act independently of the beneficiary's interests, as their primary role is to represent and further those interests, ensuring the trust is managed according to the agreed-upon terms. While trustees may have the ability to delegate some responsibilities under certain circumstances, they must still adhere to the specific guidelines laid out in the trust agreement; thus, the power to transfer the trust to another party typically requires consent or specific provisions within the trust. Also, trustees are not free to manage the trust without any oversight; they have a fiduciary duty to act prudently and must remain accountable to the beneficiaries for their actions.

Therefore, the correct understanding of a trustee's powers highlights their responsibilities in relation to property management as dictated by the trust agreement.