Legal Question in Wills and Trusts in Illinois
Trustee says no to college expenses?
The following are the exact words from the Trust Agreement...''The successor trustee shall pay and distribute from the separate trust created for the benefit of said child named above so much of the net income and any of the principal for his or her benefit as the successor trustee deems necessary including college or other secondary education or medical care of said child considering his or her income and support from all sources.'' My (trustee)aunt says she will only pay for tuition and fees and I do not have the money for room/board. This is from the trust of my mother who passed from cancer and made me promise to complete college. My school counselor thinks the trust fund can pay for all legitimate expenses. My aunt wants to be able to give me some money at age 25 but I could benefit from an education now. I am a straight ''A ''student and been accepted into all 4 colleges I applied to. Can she say no to my college costs when I know it was a wish of my mothers'?
2 Answers from Attorneys
Re: Trustee says no to college expenses?
You and your aunt are at odds over the interpretation of what "college" means - simply tuition, or other costs as well.
From the wording of the trust, your aunt has discretion over what payments should be made, given your other resources.
Although you have the right to seek the advice and assistance of an attorney to attempt to receive a larger distribution for your school expenses, it can get costly to do so.
Your best option is probably to find some middle ground with your aunt. Maybe she is under the belief that you can obtain scholarships or grants, or obtain a part-time job, etc. Discussing the realities of costs, along with your access to other sources of income would be a good place to start.
Good luck to you.
Re: Trustee says no to college expenses?
Cyndi had a good answer for you, but i disagree. You probably have some kind of right to remove the trustee, and you do not want to spend your college years fighting your aunt.
i would have to see the trust in order to give you a better answer, but i don't think this this is something you want to negotiate.
email me if you have any questions
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