Must a Trustee follow all of the terms of a Trust?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must a Trustee follow all of the terms of a Trust?
My aunt recently passed away and had a trust. My father is the trustee, and my sister and I are beneficiaries. Is my father legally obligated to give us the full amount of what my aunt predetermined or does he have the power to hold onto it and distribute it as he pleases?
Asked on July 18, 2012 under Estate Planning, Massachusetts
Answers:
Brad Micklin / The Micklin Law Group
Answered 11 years ago | Contributor
It depends on the terms of the trust. Normally, trusts give very broad discretion to the trustee in the amount and type of distributions required. However, trusts will also usually have the items or life needs that the trust is intended to provide. Commonly, the trust will provide for health, welfare and education as well as general needs. Many trusts will also provide the dates or ages by which the entire trust must be distributed.
You should speak with an experienced estate attorney to ensure you are fully aware of your rights.
Brad Micklin, ESQ.
187 Washington Ave.
Nutley, NJ 07110
973 – 562 – 0100
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.