Trustee ethics question

[cientax]

If there is a will left by a grandparent who died and for all assets to be placed into trust for a granddaughter until the granddaughter is eighteen years of age, but the grandduaghter dies before the age of 18, can the assets be distributed or kept by the appointed trustee if the will so states. This is in Texas.

[rfassett]

This may be more a question for an attorney, but my initial thought would be that the will created or funded a trust. Once those assets passed to the trust, the trust instrument would govern - not the will. The trust instrument itself should specify how the assets would be disbursed - and under what circumstances.

[Gail in Virginia]

And I am thinking that if there is no actual trust instrument, just the will, then the granddaughter inherited the assets but did not have control over them due to the trust. Therefore, her will (if she had one, not likely under 18) or the laws of intestacy in Texas would control and the assets would go to her next of kin.

But I am not a lawyer nor am I from Texas. I hope you get better assistance from someone more qualified.