Legal Question in Family Law in Texas

My daughter received 5k from her gram in her will. My wife was named trustee. It allowed her to use money for her school, health, etc. She used most of the money for legal problems and a car. In good faith, we deposited money in our saving account. Now my wife feels it should have put it in a special account. Did we do something illegal?


Asked on 1/14/12, 4:34 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

When you say "she used most of the money for legal problems" it is not clear whether "she" means your daughter or your wife.

If there was a trust created in the will, the funds should have been deposited in a separate bank account. The terms of the trust need to be followed by the trustee.

Your daughter may have an action for breach of fiduciary duty against your wife. I suggest you see an attorney that specializes in trust law to discuss how to remedy the situation.

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Answered on 1/15/12, 10:19 am


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