My grandmother set up a trust fund for me, she passed a few years ago and my parents refuse to give me any information on it besides the fact I can access it when I'm 40. I was content waiting, but I am now 31 married with 2 children and we've made below the poverty line for a few years now. We simply want to buy a house and give our kids more stability then renting. I just want to know what rights I have and if I am able to access it early.
The answer will depend on the specific terms of the trust. It sounds like you are a "beneficiary" of your grandmother's trust, and your grandmother would have been able to set the trust up with hard restrictions and limitations, a great deal of flexibility, or something in between. There are certainly many trusts that do have strict limitations and it could well be the case that you have no beneficiary rights to access funds until a specific age.
Every trust has a "Trustee" who is responsible for it and has to follow the terms of the trust. Trustees are often individuals (family members or friends), and can also often be financial institutions (like banks or trust companies). (t sounds like one or both of your parents may be the trustee of your grandmother's trust, and you could ask them to verify who is the trustee. You then could consider asking the trustee what rights you have under the trust (to information and/or funds).
FYI, some trusts might allow the trust itself to buy/own a house for a beneficiary to live in even if the trust doesn't permit the $$ to be given directly to that same beneficiary.
If you are a current beneficiary of the trust, you have a right to a copy of the trust agreement. You could then take the agreement to an attorney in your area who could advise you on how the trust is set up and what your rights might be.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline