Legal Question in Wills and Trusts in Massachusetts
I am a 25% beneficiary of my grandfather's trust. He passed away in October of 2010. In his trust it is written that "it is the Settlor's intention that his grandchildren pursue as much advanced and post-graduate education as desired." I completed my MBA back in 2008. My father, the trutee, is telling me that I cannot receive reimbursement for my school since it was before my grandfather died. I had no idea that there was a trust with this in it. Does he have validity with this?
2 Answers from Attorneys
Without seeing the trust document, it's difficult to give a firm answer. However, trusts often grant trustees broad discretion to make -- or not make -- distributions, taking into account the beneficiary's own resources. Depending on the wording of the trust as a whole, your father may have a fairly good argument for the exercise of his discretion -- that the trust is intended to pay for FUTURE educational costs after the trust is funded, not reimburse for past costs.
Any attorney would have to see the document. However, generally a Trust will not reimburse beneficiaries for expenses incurred prior to the Trust being made permanent (I assume this was a revocable trust and became permanent upon your grandfather's death). If you go back to school now, you would be entitled to seek reimbursement from the Trust.
However, Atty Golden is correct that Trustees usually have broad discretion under the trusts.
I would suggest two things:
1. Ask for a copy of the Trust?
2. If after reading it, you still have questions, seek the advice of an attorney.
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