Houston, TX asked in Estate Planning for Texas

Q: I have a trust setup for $ (undesclosed amount) a month. My father gave a bank the trustee control without bond.

As trustee the bank shall in it's sole and uncontrolled discretion irrespective of any source of income shall support, maintain, educate or benefit me. Recently

I received a letter stating that I have been requesting too much extra revenue for medical and maintenance needs. The trustee even stated that she could even just send (the undesclosed monthly amount set up by them in the beginning) and not send any extra. The trust is extremely large and I assume it is my money. I am 73 years old and have had cancer twice and would like to be able to enjoy this money while I am still here. I currently live just on Social Security and really need more money than they are sending me monthly. They determined the amount they would send monthly. It is supposed to be my money but I feel I beg for every nickel extra. It is degrading and tiring to deal with them. What can I do to receive more money monthly and obtain extra when I need it?

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1 Lawyer Answer
Terry Lynn Garrett
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Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Many beneficiaries mistakenly think that money held in trust is their money. It is not. It belongs to the trust and is to be distributed according to the terms of the trust agreement. If you think the distributions do not meet the terms of the trust, show your invoices and bills to the trustee. That does not mean the the trustee is obliged to distribute more.

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