Legal Question in Wills and Trusts in Florida

I'm 17 years old. My grandmother left money for me in trust and my mother is the trustee. I need a car to get to and from work, but my mother refuses to get money out of the trust for me. Is there a legal way to bypass the trustee and get the money I need?


Asked on 3/16/11, 12:46 pm

3 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Probably not. You cannot "bypass" the trustee; to receive funds from the trust, you would be required to file a petition in probate court, prove that the trust funds should be given to you, that your mother is not performing her responsibility as trustee, and that you have a serious and immediate need for a car. You age would be an issue; the court may appoint a guardian ad litem for you. My advice: discuss the matter with your mother; attempting to bypass the trustee is likely futile.

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Answered on 3/16/11, 1:00 pm
Michael Sasso M. Daniel Sasso

Assuming that you are named a beneficiary (qualified) under the terms of a trust, then you should prepare a written letter requesting both a copy of the trust, and any amendments to the same, and other information that would permit you to decide to go ahead with your demands. Certain documents and information is required to be given to a beneficiary under Chapter 736 of the Florida Laws, however your grandmother could have made this more difficult for you if she named a "designated representative" over you to get such information and not be given directly to you.

Only after you have first obtained the information would you be equipped to decide on what steps to take if any, inclusive of your subsequent costs; not to mention the damage it may do to your family relations.

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Answered on 3/16/11, 2:35 pm

Depends upon the Trust, and how the Trustee may be operating under it. Unfrotuantely, you are still a minor on top of it, so you are very restricted in what you can do.

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Answered on 3/16/11, 4:37 pm


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