Legal Question in Wills and Trusts in Connecticut

Likelyhood of partial payment of funds from child's trust fund?

My children were each left a trust fund of just under $30,000 from their great-grandfather. Estate closed late 2008. There is no stipulation for how the funds are to be used. A family friend is the fiduciary/trustee until age 18. As the parent (and trust guardian) I've asked if approx. $5,000 would be available for my 14 year old daughter to attend a classical ballet intensive training program this summer. Daughter trains regularly in classical ballet in a pre-professional program year-round and summer intensives are common at this level of training. Daughter intends to pursue this as a career in some form. I've been told that approval of this must go through the probate judge which should take a ''few days''. Is this info. correct & would you think it likely to have this request granted? No other requests have been made. Funds currently in a 1 year CD establihed 12/08.


Asked on 3/31/09, 10:42 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Re: Likelyhood of partial payment of funds from child's trust fund?

It's difficult for me to give you an answer with out seeing the trust document and it's terms. If the trust document gives the trustee discretion regarding distributing the trust funds, then the trustee has the final say. The fact that the probate judge is being asked to decide could be because either the trust document requires court approval, or, the trustee prefers to get court approval so that the "heirs" are not disgruntled with trust decisions.

Do I think it likely that your request would be granted? I have two comments. One, depends if the trust document specifies what the funds are for. Secondly, if I was the probate judge, I probably would deny it and I will tell you why. There is only $30,000.00 in the fund and I would think the funds would go to much better use for your daughter's college. Just because you both think intensive ballet is a good idea under the circumstances, I'm not so sure that it should take priority over a college education, no matter what she pursues. (just my opinion).

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Answered on 3/31/09, 11:21 am


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