My Grandfather passed away two years ago and left me a sizeable inheritance in his will, in his will however he stated that I am to recieve the funds when I reach the age of 25 years, I am currently 20 years of age. My Uncle is the Executor of the estate and has the ability to distribute portions of the trust for my benefit, but I do not believe he is likely to do so for any reason. The trust has cleared probate and there is no contest to my inheritance. I am unable to work due to a medical condition at this time and need the money or part of it to support myself, is there any way for me to gain access to the trust sooner than my 25th birthday, and may I seek an inheritance cash advance with such a long payback length? Also, should I seek a lawyer of my own?
The terms of the trust will govern whether you can force a distribution from the trust. Typically, this type of trust will provide the trustee (your uncle) with discretion whether to make distributions to you. That means it is pretty hard to make a trustee do anything, which is one of the points of this kind of trust. Nevertheless, it is possible for your uncle to abuse that discretion in not making ANY distributions. This determination would be based on the laws of the state in which your grandfather resided or which the trust itself states will govern administration of the trust. Bottom line, though, is that you will need your own attorney to represent you in this request, if you are to have any chance of success. It sounds like you have already discussed distributions with your uncle and he has indicated his unwillingness to do so. If his refusal is indeed unreasonable then your attorney may have to take him to court to force a distribution. Ideally, though, with the representation of experienced counsel, you and your uncle will be able to reach some middle ground as far as distributions are concerned. Best wishes to you.
This response contemplates only the laws of Ohio and is not intended to apply to other jurisdictions. None of the information in this response should be used or relied upon as legal advice or legal opinion about specific matters, facts, situations or issues. Viewing it does not establish an attorney-client relationship between you and Sherrille D. Akin, the law firm of Isaac, Brant, Ledman & Teetor LLP, or any of its individual attorneys
#1 When a trust makes distributions dependent on the trustee's discretion, that means that the trustee gets to decide.
#2 You get the $$ at 25, unless a court decides that your trustee has been acting with bad intent in denying any distributions to you... that usually means that the trustee has to have been stealing.
#3 Yes, you should seek counsel of your own...
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