Legal Question in Wills and Trusts in Georgia
penalty for out of trust
My mother-in-laws will provided that a trust be established to care for my father-in-law. The will named all three of her children as trustees. One daughter has power of attorney and control of the money in the trust for my father-in-law. Money has been spent out of this trust that has not been for his care. #1. what can my husband do as a trustee, to protest the spending of this money for expenses not for his father's care? #2. Can my husband, as a trustee, be held accountable for the expenditure of funds of the trust, for expenses not related to my father-in-law's care?
1 Answer from Attorneys
Re: penalty for out of trust
The purposes of a trust are set out in the trust instrument, in your situation, the will. The powers and duties of the trustees are set out in the instrument also. No way exists to know the purposes of the trust and powers and duties of the trustees without reading the trust instrument itself. You should take the will to an attorney for review and then obtain advice from him/her on the best course of action.
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