Can I get my trust fund early? 23 Answers as of April 03, 2013

I’m 31 years old and my grandfather left my sister and I his money and whatever his farm sells for in a trust fund. but we cannot get any of it till our dad passes because our grandfather wanted to make sure our father who is lazy and worthless and gets to live in the farm house and cook meth, rent free for his entire life was taken care of (without getting any money he would surely be irresponsible with). My sister and I however are both very responsible adults with life goals and have already made many achievements. Is there any chance we can get our trust early and make the deadbeat take care of himself?

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Frederick & Frederick PLC | James P Frederick
Someone would need to review the trust terms to determine the likelihood this could be done. I would think that you have a very uphill battle, however, because a court generally will not substitute your will for your grandfather's, even if the facts are as you state. Your grandfather was free to leave his trust as he saw fit, and he apparently wanted to make sure your father was taken care of, no matter what.
Answer Applies to: Michigan
Replied: 4/3/2013
Stephens Gourley & Bywater | David A. Stephens
Probably not. You would need to have a trust attorney look at the entire trust to know for sure.
Answer Applies to: Nevada
Replied: 4/3/2013
Durham Jones & Pinegar | Erven Nelson
It appears that your father has a life estate, and that you and your sister have remainder interests. Generally, your father would be entitled to stay throughout his life. To be sure, I would need to read the trust and deed. But, if your father is committing crimes, you could fill out a police report and hopefully have him arrested and convicted.
Answer Applies to: Nevada
Replied: 4/3/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You need to obtain the assistance of a probate litigation lawyer who can analyze the trust you are referring to, in order to determine if you can obtain the monies due you at an earlier time.
Answer Applies to: California
Replied: 4/3/2013
James Law Group
James Law Group | Christine James
It depend upon what the trust says. If your dad is the trustee as well as the life beneficiary, not likely, but if there is a third party trustee and the trust has a spendthrift provision, it is possible. Meet with an attorney.
Answer Applies to: California
Replied: 4/2/2013
    Gates' Law, PLLC | Thomas E. Gates
    You must follow the Trust terms.
    Answer Applies to: Washington
    Replied: 4/2/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Possibly. The first thing to do is review the trust agreement; the second would be to consider a judicial modification of the trust terms.
    Answer Applies to: Oregon
    Replied: 4/2/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    It appears your grandfather wanted to make sure your father had a place to live during his life, probably recognizing what his life is like. That was your grandfather's choice and you have no right to go around his wishes. Therefore, the answer to your question is no.
    Answer Applies to: California
    Replied: 4/2/2013
    Danville Law Group | Scott Jordan
    It is impossible to answer your question without reading the trust first.
    Answer Applies to: California
    Replied: 4/2/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Probably not. However, a reading of the trust agreement may provide additional information that would be helpful in answering this question.
    Answer Applies to: Georgia
    Replied: 4/2/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You would have to read the trust to see what it says; however, in general, it is very unlikely.
    Answer Applies to: Oregon
    Replied: 4/2/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    No.
    Answer Applies to: Colorado
    Replied: 4/2/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probably not. The trust was set up for this exact situation.
    Answer Applies to: Idaho
    Replied: 4/2/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    No. Your grandfather was not required to give you any gift at all. and you are not entitled to expand his gift to you. Your grandfather was allowed to give your father any part of his estate that he wanted to give, and he did so. Let it go. It was grandfather's money, be glad he didn't leave it all to charity.
    Answer Applies to: Oklahoma
    Replied: 4/2/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, the answer to whether you can receive early distribution from the trust will likely depend on the terms/language of the trust, so you may need to carefully review the trust document. There may be other routes for early distribution or modification of the trust, such as judicial intervention, but I would look to the document first.
    Answer Applies to: Maryland
    Replied: 4/2/2013
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    You have to look to the terms of the trust and see if you can get the funds today. However, chances are you cannot. Whatever your grandfather wrote is permanent and cannot be changed and if he clearly stated his son to live in the house for his life then to his grandchildren, you likely may not be able to get the proceeds at this time. You indicate that your father is committing illegal acts in the house - if that is true, you may have a few options, one of course is to report the activity to the police. If your father is committing a crime, the house could be lost to the government and that may be cause for some action as this may be considered a 'waste' of trust assets. You need to talk to an attorney and begin legal proceedings against your father.
    Answer Applies to: Florida
    Replied: 4/2/2013
    Law Offices of Bruce C. Keswick
    Law Offices of Bruce C. Keswick | Bruce C. Keswick
    It always depends on how the Trust is specifically worded. Most likely this is what is called a Spendthirft Trust where a person is given lifetime benefits with the remainder going to Specific Beneficiaries. It sounds like you and your sister are the Beneficiaries they will take whatever is left in the Trust at his demise. These are common types of Trusts for irresponsible children.
    Answer Applies to: California
    Replied: 4/2/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Generally courts do not like to disturb trusts. You can petition the court to allow you to access the trust but you will probably have to prove how your father will survive on his own.
    Answer Applies to: Nebraska
    Replied: 4/2/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You need to review the terms of the trust to determine your rights. With regard to the concerns about your father, you should speak with the Trustee. The trustee may have discretion not to distribute monies to your father. It all depends upon what is written in the Trust document. You should meet with an attorney after he or she has reviewed the Trust to advise you.
    Answer Applies to: Nevada
    Replied: 4/2/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    It is very hard to break the terms of a trust. It is not for you to say how your grandfather wanted his money passed at his death.
    Answer Applies to: Delaware
    Replied: 4/2/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Probably not, those are your grandfather's wishes. He wanted to provide for his son.
    Answer Applies to: Michigan
    Replied: 4/2/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    I would suggest you look at the trust instrument itself to see what it says about the responsibility of your father. Is your dad the trustee? If not I would check with the trustee to determine whether you can get your money from the trust's principal.
    Answer Applies to: Florida
    Replied: 4/2/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Most probably not, the trust is doing what it was intended to do.
    Answer Applies to: Michigan
    Replied: 4/2/2013
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