Legal Question in Wills and Trusts in New York

The trustee my aunt refusing to pay my college education. The trust states “if the trustee is paying for the child’s college education, then the trustee shall pay or apply the principal of the trust as the trustee shall in her sole and absolute discretion determine to be necessary to adequately compensate for each child’s education” Can i due?

Asked on 1/02/21, 5:35 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Possibly. I have not see the trust language on education allowance and do not know if paying for college is mandatory or discretionary. If trust says funds must be used for college you can sue. If it just says funds may be used this is not mandatory. Ask trustee to pay and she what she says.

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Answered on 1/02/21, 6:31 pm
Richard Bryan Richard Bryan Attorney PC

I would have to take a closer look at the trust because the language you've quoted does not make sense. The trustee is generally "in charge" of how the money is distributed, but also must act in the best interests of the beneficiaries. If you are serious about taking action, you should see a lawyer to guide you through the process.

Good luck.

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Answered on 1/03/21, 6:33 am

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