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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19111
Experience:  B.A.; M.B.A.; J.D.
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I am the beneficiary and co-trustee of a marital

Customer Question

I am the beneficiary and co-trustee of a marital discretionary trust, as well as a cotrustee of the family trust. The 2 other co-trustees are a bank and child from a previous marriage. I have become permanently neurologically and physically disabled. I need additional distributions from the trust but the other 2 co-trustees have denied my requests. I believe there is a conflict of interest because the child of the former marriage wants to preserve all principle. I have exausted my personal retirement account as well as other income. My credit cards are maxed out from medical expenses I have incurred for rehabitation from a tramatic brain injury in the year 2013. I need ongoing treatment for concussion. Can the discrecianary trust be turned into a SNT?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Phillips Esq. replied 10 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 10 months ago.

I am sorry to read about your difficulties.

Your Question:

Can the discrecianary trust be turned into a SNT?

Response: No, because the Trustees are not the grantors/settlors of the trust and cannot change the terms of the trust. However, if the co-trustees are not being reasonable as to your requests for additional distributions, you may have to file complaint with the Court to order them to release additional funds to you.

I am sorry that I do not have better news for you.