Legal Question in Wills and Trusts in Florida
Can the executor of a deceased person's trust make alternative decisions regarding property that's within the trust, i.e. give one benificiary more than the others, even though the trust states that all beneficiaries get equal shares.
2 Answers from Attorneys
A successor trustee is bound by the terms of the trust. The trustee may have discretion on in kind distributions, as long as each of the beneficiaries gets the share of the trust that is indicated. For example, if a trust had 3 beneficiaries, and it held cash and shares of GE stock, where the cash was 2/3 of the trust, and the stock was 1/3 of the value, then assuming an equal distribution the trustee could distibute all of the GE stock to one beneficary and cash to the other 2.
Trusts do not have an executor, they have a trustee. The answer is no, he must follow the trust.
agreement.
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