Legal Question in Wills and Trusts in Illinois
can i recieve my trust fund early?
My grandmother left me a trust fund. She died 6 years ago so all court matters have been dealt with. My aunt is the trustee. The will states that i am to recieve the 1/4 of the money every two years starting at age 25. Im currently 22 and will be 25 in november 2007. Is there anyway that i can get the money from the trust fund earlier than that? I am currently a single mother, un-employed student and could really benifit from this money. My aunt will not give the money to me earlier and in the will it states that it is NOT assignable so i am unable to get a advance on it. Is there anything that i can do?
1 Answer from Attorneys
Re: can i recieve my trust fund early?
The trustee has a fiduciary duty to abide by the terms of the trust. Fiduciaries are governed by the laws of the state, and they can be held accountible for a breach of this responsibility.
Every trust is different in its terms. Some are very strict with directions that the trustee may not make distributions other than what is specified, and others give the trustee broad discretion. Therefore, the answer to your question lies in the wording of the trust.
Ask your aunt for a copy of the trust. If she does not provide one, you might want to enlist the help of an attorney to determine your rights.
Good luck to you.
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