What are the trustee’s fiduciary duties to my husband if he was the contributor to a Trust with his daughters set up as beneficiaries?

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What are the trustee’s fiduciary duties to my husband if he was the contributor to a Trust with his daughters set up as beneficiaries?

The Trust consists of his house and life insurance money that was obtained after his first wife passed away. The trustee is his former sister-in-law. In the past 2 years, she has kicked him out of his home so that she may rent the home out in order to obtain income for the Trust. Also, she has refused to use any of the Trust money for the girls health, welfare, and education. My husband pays that out of pocket. His daughters are living with their maternal grandmother (due to her alienating them from him but that’s another story). Can he call it a breach?

Asked on August 13, 2013 under Estate Planning, Indiana

Answers:

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

Answered 7 years ago | Contributor

Oh my goodness this sounds horrible.  I am sure that you can understand that it is hard to answer this question with out reading the trust document but he absolutely needs to speak with an attorney about her actions.  I can not imagine that the trust does not list hims as the beneficiary at this point and the girls when he passes or allow him in some way to remain in the house.  Please get help.  She is over stepping her bounds.  Good luck.


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