Legal Question in Wills and Trusts in Wisconsin

Withdrawel on a trust

I am the legal guardian for my brother. My other brother is the trustee of of my brothers trust. What I want to know if he can take money out of my brothers trust for his personal use. With or without my permission.


Asked on 7/22/04, 5:41 pm

2 Answers from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Withdrawel on a trust

Hello,

Part of the answer depends on if you are guardian of his person (his care) or are guardian of his estate (his property).

If only of his person, you cant handle his property in or out of the trust. But you can take legal action to get money to be able to care of him. Generally, a trustee cannot take money and use it for their own benefit. A trustee may be able to use some of the trust money as compensation for taking care of the beneficiary, but that depends on what the trust says. This is a complex matter with lots of facts that I do not know -- so I cant give a firm answer over the internet. Contact an attorney and get to the bottom of this. It wont cost much just to see what your options are.

Best wishes, Mark J. Mahoney 920-380-4144

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Answered on 7/22/04, 8:16 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Withdrawel on a trust

Your brother has to follow the trust document. It is unlikely it would allow him to use money for anything other than the benefit of the beneficiary. You have no authority to alter that, so your permission or lack of it is meaningless.

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Answered on 7/26/04, 9:56 am


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