Q: I have a question about a trustee's power of discretion that is listed in the trustee power's section of my dad's trust.
The following is listed in the section listing the trustee powers. Does the following language mean the trustee can distribute assets as they see fit?
"To make any divisions and payments pursuant to the terms of this Agreement, using cash, securities real estate or other property of whatever nature and in whatever proportions the Trustee shall deem appropriate, without being required to make pro-rata distributions of specific assets."
There are 5 five beneficiaries listed in the trust but there is nothing in the trust that spells out a percentage for each beneficiaries or even states that they have equal shares of the trust. So does this language mean the trustee can distribute the assets as they like, even including complete exclusion of some of the beneficiaries?
A: You should have a lawyer review the entire trust.
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