Legal Question in Wills and Trusts in North Carolina

I need advice about a trust fund problem. I originally had the trust money but my dad now has it and won't give it to me.


Asked on 1/28/13, 10:01 am

1 Answer from Attorneys

Any attorney will need to see the entire trust document in order to advise you. I don't understand how you could have had the money and now your dad has it. This makes no sense. The only way that can happen is if you were somehow the trustee and you resigned and your father became the successor trustee.

If you are a beneficiary of the trust you may or may not be entitled to the money. It also depends on how much discretion is allotted to the trustee to disburse the money. For example, does the trust say "the trustee SHALL ..." or "the trustee MAY"? It depends on how the trust is written. Words like "shall" mean it is mandatory. If the trust uses the word "may" then it means that its up to the trustee and he does not have to disburse funds.

You need to take a copy of the entire trust to a probate.estate and trust attorney and pay the attorney to review the document and give you an opinion as to what it says about the trustee disbursing funds and your entitlement to the funds.

Read more
Answered on 1/28/13, 4:12 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in North Carolina