I was left money in a trust by my late father. My brothers are the trustees along with a lawyer. I requested funds from my trust to use as a down payment on a house. The lawyer is insisting that I get a bond in the trust name on the property which I agreed to do within 30 says after I purchase the home. My brothers have both agreed to this however the lawyer insist I get a bond first on a property that I do not own yet. She keeps saying she must preserve the money for my issue (my son) and often refuses to let me have any funds. On one occasion I requested funds for much needed dental work and was denied, but when my son needed dental work she immediately released the funds. What are my rights as beneficiary of the trust and can the lawyer be overruled if my brothers are in agreement with me?
You need to obtain a complete copy of the trust and take it to a lawyer so that you can determine what your rights are. Trusts are used to tweak the state law as it refers trust property. The only way to truly understand your rights are to know exactly what the trust says. There are many good Trust attorneys in your area, a number of them can be found under the Find A Lawyer Tab above.
Every thing that I am saying here is my opinion and it is not based on any particular case. My response is just unsupported general information. If it helps you to resolve an issue that's great but do not rely on it as legal advice because it is not based on the facts in your case and it is not based on any specific legal research. Answering this question creates no relationship between the writer and reader of the writing. I am not your attorney now, nor have I been on the past. If you just want to comment please do that on AVVO where the price is $0.00. I do typically respond to all AVVO comments.
Your rights are determined by the terms of the trust.
You are entitled to copy of trust.
Impossible to opine further on your rights without reviewing trust and any related documents.
Consult your own trust attorney for thorough review of trust and assessment of rights.
Have a Trust / Estates attorney review the Trust document in detail first. Then get his or her advice on how best to proceed. Trusts can be drafted different ways and your best outcome can be crafted by working with a licensed attorney. Good Luck to your family.
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I agree with all these answers. I'd add that what you need to know is whether your rights supersede or are superseded by your son's. The only way to know is by reading the trust agreement. You need an attorney to help you interpret that language when you read it. It's not always obvious or intuitive.
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