JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

23 Lawyers are Online Now
characters left:
Not a Legal Question?
Bookmark and Share

Question

I need some advice on my grandfather's will to ask if there is anyway i could be in charge of money he left me instead of the trustee at 20

Submitted: 446 days and 22 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
+
Read More

Optional Information

staten island, New York

Already Tried:
nothing yet but i need some advice because she not compliant with giving me money for certain things that my grandfather told me to use the money for when he was alive

Answer

XXXXX:

If your grandfather set up trust terms to establish a place for your inheritance to be managed for you (probably until you reach an older age), then there is not much that you will be able to do to overturn that. The courts give great weight to what a person decided to do with their money after they pass away. Also, even if your grandfather said some things in person, if those instructions were not including in the will or trust, they won't have any weight. The last written word is almost always seen as governing how things are handled.

 

If the Trustee doesn't give you money now as you are requesting, it will still be there to be given to you later. It's not "now or never", but "now or later". Having worked with different trustees, my experience as that they each are trying to balance what's best for you with what their written instructions say. They seldom can be forced into making the decision that you want, but sometimes they can be persuaded if you are able to show why using that money at this time in the manner you desire is in the long-term best interests. For instance, a good argument could be made for spending some money for college tuition now so that you are in a better position to move into a good career field sooner. But little good argument could be made for spending money on a new Honda convertible.

 

The Trustee is the boss. If they are acting incompetently and that can be shown, a court will remove a trustee, but they will replace them with someone else of the court's choosing. They won't appoint the person who is the beneficiary of the trust as their own trustee.

 

I hope this has been helpful. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)

Thank you,

Dan

--------------

The information provided is general in nature only and shall not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.

PS: If an answer appears to you to have been very helpful, or to have taken above average expertise, and/or research, or if the answer shows an above average amount of time and dedication devoted to your issue, a bonus is nice way to say "Thank you". Thanks!

 

Picture
Expert: Dan
Pos. Feedback: 99.7 %
Accepts: 
Answered: 9/1/2008

Retired JD

Retired attorney, general practice, with an additional background in financial planning,

+
Read More

Related Legal Questions

  • I own a short term rental property in Davenport Nr Orlando.
  • Im a resident in North Carolina and n.j. has my licence susp...
  • Have a lawsuite for a old credit card. Is there any help? I
  • 40 aceker and muel
  • What is the briefly explanation of law
  • My ex girlfriend put an Injunction Against Harassment on beh...
  • how can i get a lawyer im 16 years old and im about to leave
  • i know of a man that hires illegl immigrants and one is on



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.