Legal Question in Wills and Trusts in Texas

making money for the Trust

If I have been given the right--even admonished to do so-to do any number of things to ''grow'' the funds in the family Trust I manage, couldn't I take out a loan on the funds and pay it back at a higher interest rate than the interest the Trust money is now garnering at the bank and make money for the Trust in this way. I would be in essence ''growing'' the Trust and meeting a need I have at the same time.

Thank you for your consideration


Asked on 11/28/06, 1:03 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: making money for the Trust

You are prohibited from borrowing money from the trust for your personal obligations. You can 'grow' the trust by investing money in bank CDs that pay better interest than a simple savings account.

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Answered on 11/29/06, 11:38 am
James Grissom Law Office of James P. Grissom

Re: making money for the Trust

That would be self-dealing and could be a breach of your fiduciary duty.

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Answered on 11/28/06, 3:32 pm


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