Legal Question in Wills and Trusts in Georgia
trust litigation question
My husband has been accused of breach of trust as executor of his father's trust. From what he understood, he could borrow from the trust and have that amount deducted from his future inheritance. This is clearly stated in his father's will. However, one of the beneficiaries has chosen to pursue this legally and has been doing so for over a year. There are five total beneficiaries - my husband, this particular sister, one other sister, a step-mom (widow)and the actual mother (ex-wife). None of these beneficiaries are willing to go along with the sibling who is pursuing the lawsuit - they all think she is crazy and simply trying to wreak havok on her brother whom she cannot stand, basically causing her no choice but to add up huge attorney fees to protect himself and his family. Therefore, they have all joined with my husband against the plaintiff. To what extent this will help, I'm not quite sure and would like to gain some insight. My husband's attorney does feel very confident but hasn't provided us with his actual opinion of where this could end up. Ideas? Thanks!
3 Answers from Attorneys
Re: trust litigation question
No one here could possibly give you an answer (other than to tell you that it is highly unlikely that a trust would be written that lets the trustee borrow from it, since none of us have read the trust or the lawsuit. Without seeing both, your question is unanswerable. You should be asking your questions to your lawyer.
Re: trust litigation question
I should add that there is no such thing as an "executor of a trust." Executors probate wills. Trustees deal with Trusts. Wills and trusts are different things.
Re: trust litigation question
That is a question for the lawyer. You certainly are not going to get a meaningful answer here from a paragraph of vague information, and no documents.
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