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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118780
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My ex-husband has assigned s mother as trustee over my son'd

Customer Question

My ex-husband has assigned his mother as trustee over my son'd Trust. My son temporarily moved in with his father; but has now decided to reestablish residency with me. He told my son if he moved back into my house hw=e would not pay his tuition although he is 100% responsible for it. I emailed a copy of his tuition bill to my ex's mother; but she refuses to pay it. The Trust was established specifically for his college tuition.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he is in contempt of the court order all you can do is what you have done, file the motion to enforce/motion for contempt of court for not following the court's order. The only way to speed up the process is file a motion for an emergency hearing, if there is some urgent reason you cannot wait for the enforcement hearing and order. Whether or not the court will hear the matter on an emergency basis is entirely to the discretion of the court. If the court denies the emergency hearing request, then I am sorry to say that you have to wait, as you have taken the only legal option to pursue him.
Customer: replied 2 years ago.
You have not answered my question. My ex-husband assigned his mother as trustee over a Trust that was set up to pay for my son's college. Since he is refusing to pay, I forwarded the invoice to his mother as trustee and requested her to arrange for payment. Se has ignored my request and I'd like to know what recourse I have against her for not fulfilling her duties as trustee.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply and clarification.
You would have to file a suit against the trust for breach of the trust and breach of fiduciary duty of the trustee if the trust states that the trust is supposed to pay in the event your ex does not pay. It is not going to be a speedy process though, you would ask the court to remove and replace the trustee based on their failure to abide by the trust.