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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111683
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My sister set up a trust before she passed away in May. The

Customer Question

My sister set up a trust before she passed away in May. The fund calls for matching my income when I am working. I have not worked since April and probably won't get a job due to my age. Is there a way to fight this and receive all the funds in one lump sum?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you the information you are seeking for educational purposes only.
I am sorry to say that when a trust is set up, the terms of the trust must be followed by the trustee to the letter. The trustee cannot deviate from the trust terms. If you are not able to work, then you would have to receive what they trust states you would receive if you are not working. You cannot receive funds lump sum unless the trust document says you can.
Now, if the trust makes no provisions at all to do anything with the money in the trust if you are not working and prove you cannot work and there are no alternate beneficiaries, then you can go to court and file a suit to terminate the trust based on the trust no longer being able to serve its purposes (impossibility) if you prove that you cannot work any longer.

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