Q: Did my grandmother commit a breach of fiduciary responsibility?
My grandparents had mirrored wills and trusts. My grandfather passed several years ago, and my grandmother was the trustee and executor of my grandfather's estate. They had both signed a Joint Waiver of Agreement, a legally binding document whereby they relinquished the right to contest the validity of the bequests and devises explicit in one another's wills and trusts. However, my grandmother was joint owner of their assets, and instead of honoring the specific distributions stated in my grandfather's trust (which were to be distributed upon his death or her death, whichever came second), she changed the distribution allocations and the beneficiaries. In this action she disinherited my father's issue, a bloodline which was to be preserved per stirpes according to my grandfather's trust. Did my grandmother commit a breach of trust? Thank you for your time.
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