Legal Question in Wills and Trusts in Texas

My nephew lives with is grandmother. She is the trustee of his trust fund set up when his dad died. She is elderly and lives off of social security. She has used money from the trust fund when she needed to help with his expenses (senior ring, clothing, school expenses, christmas, spending money) and other things as needed. She wasn't able to take care of him any other way because her social security usually went to pay regular household expenses, bills. He was aware that she was doing this and no one in the family is upset that she was including him. Will there be any consequences of this? She is really worried and so is my nephew because he doesn't want her to be in trouble.


Asked on 10/08/10, 9:02 am

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Without seeing the trust itself, it is difficult to answer, but typically trusts are set up for the Health, Education, Maintenance and Support of the beneficiary. Sounds like grandma used the trust for these purposes. Even if your nephew complained, doesn't sound like there is/was a breach of fiduciary duty.

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Answered on 10/13/10, 9:44 am


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