Asked in Estate Planning and Probate for Louisiana

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?

Related Topics:
1 Lawyer Answer
James Scott Ruel
James Scott Ruel
  • Probate Lawyer
  • Madisonville, LA
  • Licensed in Louisiana

A: You should have a lawyer review the entire trust.

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.