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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102505
Experience:  Fully licensed attorney in Texas in private practice.
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Greetings, I am an executor of a living trust and one of the

Customer Question

Greetings, I am an executor of a living trust and one of the beneficiaries (My sister) is to receive pay outs at 20 percent per year over a period of five years. Due to her being very difficult, I want to know if there is any issue with me paying her out now so I don't have to deal with her accusatory antics every couple of months. I know she will most likely burn through her money and that is why my parents set the trust up this way. Thank you Daryl
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation, Daryl. On this website, I do not always get to give good news, and this is one of these times. A trustee such as yourself owes a duty to the trust as well as the trustee. If the trust specifically limited the money to be paid to the beneficiary (sister), then by defying that limit and paying her more than the trust allows, this would be a violation of the trustee's duties. Now, it is unlikely that the sister would complain. But in the unlikely scenario if this gets before a court, then the trustee (yourself) may have to explain one's actions. And this may be seen as a breach of fiduciary duty. Ergo, I would be careful. And if this trust is already being overseen by a Court of law, then it is simply not a good idea at all. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!