Legal Question in Wills and Trusts in Texas
Setting up testamentary trust
My husband is the administrator of his mother's estate. It has been through probate. Her house has been sold, and my husband is ready to divide the property as stated in the will. The will also states that a trust fund is to be set up for his older sister with his younger sister as trustee. The older sister's part of the estate proceeds is to fund the trust. The will includes the terms and conditions of the trust. However, when my husband and his younger sister went to the bank to set up the trust, they were told that they need a court order. We went to the courthouse, but the clerk there had never heard of that before. My husband could not get an attorney quickly in that area (300 miles from where we live) so we returned home. Do we need a court order? If we hire an attorney, should we do that here or in the county where the will is probated and his sisters live?
1 Answer from Attorneys
Re: Setting up testamentary trust
I have no idea what your husband told the bank, or what was on the banker's mind.
Your husband should give the bank one of the letters testamentary, a certified copy of the court's order entering the will into probate with a copy of the will attached. Then he sets up a bank account styled, "In Trust For Older Sister", with Younger Sister as Trustee and the only person with signatory authority.
That should do it, and you don't need a lawyer.
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