What is a trustee’s authority over Trust assets?

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What is a trustee’s authority over Trust assets?

My dad has asked me to take over the care of my elderly aunt, he wants to sell her house, give me the money from the sale and her move in with me. The house is in his name as trustee for my aunt. Can he legally do this?

Asked on June 10, 2014 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally speaking, the Trustee has great power under the law limited only by the terms of the trust itself.  So if you are concerned about this decision then you can question that authority and ask to have a lawyer look at the trust itself. Good luck.


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