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Trustee paying too much

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drsandman2

Junior Member
My mother's father died in a car accident 3 years ago. She was to get 1/2 of his wealth alloted to her every 5 years in increments of 1/3. So after 15 years, she can access the entire amount.

Currently, Wells Fargo, our Trustee, is making payments on my school loans because that was what my Grandfather wanted most. I am worried that the trust is exceeding the limit and that the trust will dry up in a few years rather than 15. If they dry up before my loans are paid off, I will be in a real bind. What can I do, if anything?


I have an additional problem that was posted here:

https://forum.freeadvice.com/showthread.php?t=347717

Thanks.
 


tranquility

Senior Member
As to the other thread, the advice provided was correct.

Here, why do you think the trust is being distributed too quickly? Have you read the trust? How are its terms being violated? Until you answer these questions you should not be thinking about what your grandfather wanted. What the law says he wanted is what was written in the trust. No one can answer the question with the facts presented without a reading of the document itself.

As a side note, I hate banks as trustees. They are unimaginative and don't care about the beneficiaries in the least. They only care about their fees and following the trust to a level to where they are not violating their fiduciary duties. Since a bank is the trusee, I think it extremely unlikely they are going to violate the trust in its distributions. I don't know the facts here, I just know the odds are way, way against it.
 

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