Legal Question in Wills and Trusts in Florida

Can a trustee of an educational trust be able to invest the money without the beneficiaries or parents approval and/or knowledge?


Asked on 7/09/10, 1:36 pm

2 Answers from Attorneys

It will depend on the provisions written in the trust. The trust may be written in a way that limits funds to only be used for educational purposes and restricts the trustee for using the funds for any other purpose. In the event that the trustee is able to invest the funds, then those investments (and gains from those investments) must be used in benefit for the trust, i.e. you cannot borrow money against the trust to make personal investments. The trustee also has a fiduciary duty to keep an accounting of all transactions. Before taking any actions, I recommend having the trust document reviewed by an attorney who handles estate planning and trusts.

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Answered on 7/09/10, 5:48 pm

Typically yes, but the terms of the trust controls. So there may be restrictions on the Trustees authority.

However, the Trustee still has to provide regular accountings of the trust assets

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Answered on 7/10/10, 5:26 am


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