Legal Question in Wills and Trusts in Florida
I inherited money from my grandma. My uncle is in charge of the money left to me and my cousins. The will stated that we can't have the money unless it was used for college or we had to wait till 25 years of age. That was fine for my uncle's kids because they are going to college and it put the money back in my uncle's pocket. I on the other hand picked a different path and getting married and just had a baby. My baby is sick and need the money for reason to help see her (over an hour a way) and to pay off my debt to have my life set and ready for when my girl comes home.
My problem is my uncle stated I could have the money under hardship because of my sick baby. Great and wonderful but then it changed to my mom had to monitor it and it can only be used for the baby. That's fine too, need it for bills too but that will help (oh I have also been out of work for over a year like many). It's been over 3months since I was supposed to get this money and my uncle keeps putting it off and now doesn't respond to calls and emails about the money.
I am 21 now and the will stated 25 unless college. I do have hardship. Is there any way I can override the will and get the money now? If so whats the best way to go about it? Is there any loopholes? Is there any legit lawyer threats I can make?
Oh, I also have never even seen the will. I was first told it was $50K and then it was $40K and then $30K and back to $40K. I also have more money coming once land is sold. This is also how this money came about is by land being sold and split.
Thanks for any help!
1 Answer from Attorneys
It appears that you are referring to a trust, which can be contained in the will. The trust sets forth the discretion that the Trustee (your Uncle) would have to disburse the money. Most trusts have langauge allowing distribution in times of need before the date of distribution to you. However, it is specifically that which is set forth in the document which controls what he can do. Therefore, I would need to see the trust to tell you what can be done.
Regardless, you do have a right to see the document, and certainly have a right to an accounting (how much money he is holding). He has duties under the law to you, not the other way around. He must prudently invest the money. It is also a bit strange that he is disbursing money with the rule that your mom monitor it, and that it only goes to the baby. He could pay a bill direct, but this is a bit different.
You may contact me at [email protected], or (561) 368-4988 if you wish for us to explore helping you further. Please also provide your location in Florida.
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