Q: can a trusty refuse to help, a benificiarie, with funding for education ,if it is writen in the trust to do so, ??
#2,does trusty have the right to choose what school benificiarie goes to??
A:
A *Trustee* has an obligation to the Trust to treat the *Beneficiary* fairly within the terms of the trust. Without seeing the document we can't provide an answer in this sort of forum, but for example, the Trustee most probably has discretion to determine if what the beneficiary is asking for is 'reasonable' for him. For example, Harvard Medical School may not be appropriate for someone who got all D's in High School, and is flunking out of Community College, and a Trustee most probably could say 'no I don't think that is appropriate'.
Seek a local probate/estate planning attorney to review the documents and have a chance to ask more specific questions.
A: The trust document provides how much discretion the trustee has. There is no general answer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
