Legal Question in Wills and Trusts in Arizona

My husband's grandmother set up a trust fund for him to be accessed when he turned 25. But at the moment he's currently unemployed and his bipolar condition is acting up at times. So we were wondering if there was any way he could access some of the funds prematurely?


Asked on 11/04/10, 9:38 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

It depends upon the terms of the trust agreement and whether or not the trustee has any discretion to make a distribution early because of a special need of this beneficiary. You should discuss the circumstances with the trustee and seek cooperation. You may have to go to court for approval of the distribution. The beneficiary's age now may be significant as well as his good faith effort to stay employed and to maintain his medication regime.

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Answered on 11/10/10, 8:50 pm


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