Basically, before my dad passed away he set up my trust fund in my aunt's name, or so i'm assuming. I don't know specifics, which is why i need information. We do not get along, and, to be blunt, i believe that she's trying to find reasons to keep it, or keep me from getting it (as well as other things that are supposed to go to me upon turning 18.)
What i'm saying is, i need information on what i should do. Can i take her to court, get the trust fund put in my mom's name for her to give me? What are my options?
Thanks.I need legal advice-- trust fund?
First you need to see the wording on the trust. Some are setup that you never have access to the principle but just the income. Second there might be an age stipulation such as 21, 35 or so on.
Third you cannot change the trustee without proving in court that the current trustee is guilty of negligence or theft.
See a lawyerI need legal advice-- trust fund?
with a trust your father would have had a will, which means it would be public record. go the court house where he lived and get a copy of the will. that will give you the name of the lawyer on that wrote up the will and then go to them and talk to them about your trust..
you can also have your aunt taken off as manger of the trust..if you can prove that she is not doing what needs to be done.
How old are you? What is the situation with your mother? If your mother is still living, YES, you can take your aunt to Court and have the administrator of the trust changed to your mother. (Especially if she refuses to even talk to you.) You might be able to have the trust fund pay for the attorney costs. Your aunt sounds very controlling.
If you are over the age of 18 - I would have your aunt removed and have either yourself or your mother substituted instead. (Definitely you if you are over the age of 21 - and can prove you are responsible with money.)
You should have copies of the trust document! You should know which bank is keeping the funds. You should know which lawyer wrote the trust document. You should have more answers.
I agree with previous-poster ';Not I'; - you need to see a lawyer. asap
I also agree with poster ';LadyCatherine';: You CAN have your aunt taken off as manager of the trust...BUT you have to prove that she is not doing what needs to be done. Go to the CourtHouse and get a copy of your father's Will (which will be public record - take a little bit of money to cover copy expenses). The same attorney that wrote your father's Will PROBABLY also wrote the Trust. Call the lawyer and get a copy of the Trust document.
I have seen this situation so many times before. In one case, the aunt was just slowly withdrawing the funds and paying her own living expenses - she bled the trust fund dry.
In many cases, family are less trustworthy with money than others. It's a shame. But you'll find out who you can really trust when you ask them to manage some money for you.
THE best way to find a lawyer is by word of mouth. Ask your: family, friends, coworkers, anyone you might know in the same situation, etc.
OR
Call your local (usually county) bar association. Ask for names of attorneys that handle trusts. (If money is a BIG problem, you could also ask for the phone number of your local LegalAid office. - the attorneys at LegalAid are ';real'; attorneys - but sometimes, you do get better attorneys if you are willing to pay more - be careful.)
When you call the law office(s), insist on speaking with the Lawyer. Do not tell all the little details of your matter to the Secretary - save the details for the Attorney. When you get the Lawyer on the phone line, ask him/her:
-Do they give FREE, initial consultations? (most do, but not all - you have to ask, don't assume)
- How much do they charge?
- Could you make payments on your account?
-Can they help you? OR Refer you to someone who can help you?
Do something ASAP!! Good luck to you.
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