Legal Question in Wills and Trusts in California
I have an inheritance coming to me when I turn 25. I am currently 21 but there are clauses in the will that say I can get some of it early if i show the need. I have been homeless since I was 18 because I was in fostercare and have been struggling ever since I have been on my own. I really am trying to get on my feet and just wait to get the money, but I could really use some of it. I know i have enough in the trust to buy a little house and get me set up so I can go back to school, but I dont know if I can, if its legal, or within my rights. I really dont know what to do. I know my family didnt mean for me to be in the situation that I am when they originally set up the will. Its not like i would be wasting the money, and they can do the transactions for me. What can I do?
2 Answers from Attorneys
make a written request to the trustee and/or the trustee's attorney, specifying exactly what you need to distribution for. If not reasonable, response, you will need a lawyer to write a letter and/or file a lawsuit.
Exactly what you can request as an early distribution depends on the specific language of the trust. Many trusts have provisions for education related distributions or other need based requests. In addition, the trustee may have discretionary powers regarding such distributions to an under age beneficiary. You should review the trust language and make a request to the trustee in writing with as much detail and specifics regarding the request as possible. If that fails, then a Petition can be filed with the Court to demand that the trustee make the requested distirbution. It would undoubtedly be very helpful for you to review the documents with an attorney before contacting the trustee and I strongly recommend that you do so. Best of luck to you.
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