Legal Question in Wills and Trusts in Florida
so trustee
mybrother in-law is co trustee
with my mother in-law at first it
states the property to go to both
boys but then it goes onto say that
if something happens to mother if
she becomes incapicated in one
way or another then my brother
in=law becomes sole trustee
does that give him the right to keep
everything for himself or to give it
to whom ever he chooses?
2 Answers from Attorneys
Re: so trustee
The answer lies in the Trust Agreement.
Generally there are provisions that may allow a sole Trustee some "powers of appointment".
You should have the Trust Agreement reviewed by an attorney as Trust Law can contain rather archaic legal terminology.
Re: so trustee
No, the trustee does not get to keep the trust assets. He will need to follow the trust. It probably provides for how the assets can be used and for what ourpose. Many will provide that the assets are to be distributed at some point in time (frequently tied to the age of the minor children for whom it is established or a value of the trust itself).
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