Legal Question in Family Law in Massachusetts

My spouse has sole control over a trust fund set up for my daughter...i.e for college etc. However my daughter has suffered mental health issues following finding her friend dead in our hot tub. Even though my daughter is currently healthy my wife refuses to set up a liveable budget and threatened to cut my daughter off. Recently she failed to set up a budget with my daughter and let her use her own funds which brought them back to fighting due to misuse. The fund and other money use is being used as an emotional tool, I have no legal say but is there a way to set up a legal way to administer this fund fairly. I.e via a third party. I have finally gotten my wife to talk in a group setting about my daughter life, health and finances starting soon. But can I as the father initiate something?

Thanks Stan Arno

Asked on 9/28/17, 7:25 pm

1 Answer from Attorneys

You do not say who set-up the fund and if they are still alive. You do not say how old your daughter is if she is over 18 years of age then she can bring an action to seek the appointment of a new trustee on the grounds that her mother is not fulfilling her fiduciary obligations. If she is not yet 18, then as her father you can bring an action. I suggest you get a copy of the Trust and contact a trust attorney as soon as possible to determine both your daughter and your options here.

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Answered on 9/29/17, 10:58 am

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