Should I start paper work for financial declaration to get my trust fund? 12 Answers as of May 05, 2014

I have a trust that is set up to where I am limited to a certain amount a year. On my 18th birthday my dad was no longer conservator and I won't be able to receive my trust fund until I turn 25. Now, I am 21 and I need more funds. I tried calling the bank that holds the money and distributes it monthly and she have no problem with distributing it but needs approval from probate court. After that, I went to see the probate judge and she says that they don't have any jurisdiction over it. When my father sign off from being conservator, probate thought they sign off their jurisdiction as well. It was stated in contract of the trust fund they still have jurisdiction. It also stated if the extra funds is for my wellbeing. I could reserve more but it's up to the court discretion. They say they don't have jurisdiction over it. What should I do? The bank tried to petition the court but it didn't work. Please help!

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
You need an attorney to review the trust and the pleading file[s] and advise you on next steps. It is clear that you should consult with an attorney and probably retain one.
Answer Applies to: Nevada
Replied: 5/5/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Did you just talk or did you file a petition? In a petition you should set out why the court has jurisdiction.
Answer Applies to: California
Replied: 5/1/2014
Frederick & Frederick PLC | James P Frederick
More information is needed. It is not clear if the money is in a trust or a conservatorship. It is also not clear if the conservatorship estate is open or if there is a conservator currently serving or if the estate has been administratively closed. It is also not clear why the terms were changed from 18 to 25. I would need to know more information about what has taken place before being able to give you further guidance. Please feel free to call or post, with additional details and I will try to help.
Answer Applies to: Michigan
Replied: 5/1/2014
Danville Law Group | Scott Jordan
Who is the trustee of the trust? You need to discuss your needs with the Trustee. The Trustee should have the discretion to distribute more money or at least petition the probate court for an order of distribution.
Answer Applies to: California
Replied: 5/1/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Obtain the services of a probate lawyer to file a petition on your behalf to obtain the funds you need, and joining the bank in the action and obtain a court order allowing you the money.
Answer Applies to: California
Replied: 5/1/2014
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Based on what you say, it is up to the Bank to give you more money. If they refuse, you can sue the Bank to compel them to do so.
    Answer Applies to: Oregon
    Replied: 5/1/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Speak to an attorney that knows trust administration. The Courts are the only entity that can declare if it has jurisdiction over a case. See what the attorney can do to correct this situation. (the trust should probably pay the attorney?s fees as well).
    Answer Applies to: Florida
    Replied: 5/1/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Get an attorney and petition on your own behalf.
    Answer Applies to: Idaho
    Replied: 5/1/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    You need to hire an attorney to pursue this for you. The Probate court actually has jurisdiction.
    Answer Applies to: Michigan
    Replied: 5/1/2014
    James Law Group
    James Law Group | Christine James
    You need to have an attorney look at the trust and speak with the trustee to see what is going on. Somebody got it wrong - if the trust says it is the COURT's discretion then the bank trustee may not have properly pointed that out to the court.
    Answer Applies to: California
    Replied: 5/1/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    You need to examine the terms of the trust to see where your father's authority to direct the trustee comes from and if, or how, another person can replace your father in that position. If your father was merely acting as your guardian/conservator and now that you have reached majority age he no longer can act as guardian/conservator, the power to request funds may rest with you. You should review the complete set of facts and the trust document with an attorney to see what mechanisms for additional funds are in the trust agreement and how or who can make a proper request.
    Answer Applies to: Illinois
    Replied: 5/1/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    You should consult with an attorney who can review the various documents you have discussed in your message, particularly the trust and the prior court filings. There are too many unknowns here to be able to say much more than that.
    Answer Applies to: Michigan
    Replied: 5/1/2014
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