Legal Question in Wills and Trusts in Georgia

I'm 18 years old. My mom decided to take $2,000 out of my trust account and 3,500 again without me knowing, and without my permission. I'm supposed to get the trust fund when I'm 21. Where do I stand in this situation?


Asked on 2/03/15, 4:56 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If she violated the trust you will need to get a lawyer. You may have to sue your mother, and she could go to prison. Note that she does NOT need your permission and need not tell you if it's a trust, but she does have to use money within the parameters of the trust.

Read more
Answered on 2/03/15, 5:32 pm

I agree with Attorney Ashman but this does not sound like an actual trust but rather an account established at a bank. If so, then I don't see how your mother was even allowed to take out the money without court approval (many courts require it). If it is a real trust then you, as beneficiary need to request a copy of the trust if you do not already have it and have it reviewed by a probate/trust lawyer to see what the trust really said. A trustee can use the funds for your benefit depending on the trust language but you need to see the trust and demand an accounting from the trustee as to what was spent and why.

So you are definitely going to need a lawyer. If your mother was required to post a bond, there may be some recourse to file a claim against that to recover the money. You also will need to get the funds released and her removed as conservator/trustee of your funds.

Read more
Answered on 2/03/15, 7:27 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia