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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111601
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mother died in January of this year. She left me approx

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My mother died in January of this year. She left me approx $500K which is to remain in trust paying me interest monthly until I die. Won't go into the reasons for this but I am sure you have heard plenty.

Is there any way I can gain access to the principal and is there any way my wife can access the principal or keep receiving interest payments after my death? The trust states nothing about my wife of 19 years but does state that upon my death the remainder principal and interest reverts to the trust. The trust contains monies for my sisters and their children but nothing for my wife. Overall in the trust there is about $10M. My sisters each received several million and they and their children can access the principal at any time. Thanks! David
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unless the trust document itself states you are entitled to take any of the corpus of the trust, the trustee is wholly responsible for the corpus and must follow the terms of the trust. If there is no prohibition in the trust preventing the trustee from giving more money, then the trustee can exercise their own discretion as to whether or not to give it to you, but you cannot force the trustee to give it to you unless the trust says you have that right.

It is very difficult, if not impossible, to challenge a trustee in court when the trustee is complying with the terms of the trust. Thus, if the trustee refuses to give you anything from the trust body (corpus) and the trust does not mandate they do so, I am afraid that legally there is nothing you can do to force the trustee to act.




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