Legal Question in Wills and Trusts in Pennsylvania

You answered my question about my trust & whether the trustee could release principal.My name is Timothy Saeger.My question was answered yesterday.So what you are saying is that as long as long as the trustee(my mom) agrees s she can release as much principal as she deems fit?If she agrees could she release the total amount?


Asked on 2/10/14, 3:36 am

1 Answer from Attorneys

Hi Tim,

Since your mother is the trustee, yes she can sell the stock.

According to the language you sent me, the trust says that your mother has discretion as to whether she can distribute some of the principal to you. I don't know why the attorney said she cannot - I think that as long as it is for your health, maintenance and support, then she can. She needs to document this though.

Is there some other portion of the will which addresses the trustee's powers or discretion? If what you stated in your post is all there is, this lawyer who drafted the trust did not do a very good job.

I would be willing to look over this for you if you send me the entire will. I assume that its less than 10 pages. Please email me if interested.

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Answered on 2/10/14, 10:14 pm


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