Fairburn, GA asked in Estate Planning for Georgia

Q: Can a trustee deny a beneficiary her wishes as long as those wishes ate within reason?

For example the young ladies 21st birthday is coming up and she has made requests on the things that she would like to do. The trustee has told the beneficiary no that she can not shop for clothes and shoes for the trip and that she can not get her hair done nor can she get a manicure or a pedicure for her trip? Can the trustee so that?

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2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Your question cannot be answered in a forum meant for answering questions of a general nature. Your question is very specific and cannot be answered without reviewing the terms of the trust. Every trust is unique and there are no general rules that can be provided for when a distribution is proper or not proper. You should take the trust instrument to a trust administration attorney for review and consultation.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: A trustee with discretion can deny a request for $$. He can't tell a beneficiary she get get her nails done or anything else. A trustee with discretion must use good faith in exercising his discretion.

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