Mesquite, TX asked in Probate for Texas

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??

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3 Lawyer Answers

James Norman Willi

Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Much of this would depend on how the trust is written.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi

Answered
  • Estate Planning Lawyer
  • Howell, MI

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.

Terry Lynn Garrett

PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The trust document provides how much discretion the trustee has. There is no general answer.

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