I have a trust fund left by my mothers death in control of a trustee. I have the ability to request money, but when I sent my request she denied it. My request is for a car, so I can start working. Is there any way to get around her decision?
3 Answers from Attorneys
You need to request a copy of the trust. The trust itself may or may not dicate whether - at this point - the trustee is authorized to make a payment to you for the purchase of an automobile.
The terms of the trust will dictate whether the trustee is either obligated or has the discretion to pay for a car for you. In my experience quite often the trustee and the beneficiary simply run into an impediment that prevents them from being able to communicate effectively with one another. Where this is occurring, it is advisable to have an attorney intervene on your behalf, if only to "smooth out" the relationship. Unless there is some issue of personal animosity on the part of the trustee, he/she will probably want to be of help if the trust permits it. See my blog on estate and trust disputes on my web site at www.lawfang.com for details.
Reviewing the Trust Document is the best way to determine what rights you have as a beneficiary of the Trust. If the issue is more of a personal nature between you and the Trustee you may want to consider voluntary mediation before pursuing legal action. It is always beneficial for people who are linked by a Trust document to be communicating with each other rather than "ordered" to take action.