Legal Question in Wills and Trusts in Texas

powers of trustee

Hi a friend died about 4 months ago, before he died he said that he wanted to arrange something for me to have, since his death the trustee of his trust has told me there is a money issue to settle with me. What i would like to know is what powers does the trustee have to carry out my frineds last wishes. There is a will but i know that i am not included in this. Can the trustee take action based on direct directions from my frined whether in writting or spoken word. I believe my frined wanted to set up a trust for me. thanks in advance


Asked on 1/26/06, 9:47 am

1 Answer from Attorneys
Andrew Traub The Traub Law Office, P.C.

Re: powers of trustee

There is a section of the probate code which allows someone to leave an oral gift, even if they have a will. However, the gift must be made in the presence of witnesses and the deceased must believe he is dying. You should check with an attorney for the specific requirements.

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Answered on 1/26/06, 10:07 am


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