Legal Question in Wills and Trusts in Massachusetts
my daughters trust fund
when my daughter was very young got a settlement for lead poisoning at 9 we got divorce she is now 19 living with me my ex wife was the one on the trust to ensure the money was used only for her education , the money is gone what options do i have
5 Answers from Attorneys
Re: my daughters trust fund
A number of questions come to mind:
1. Was the trust really written to limit the use of the funds only for your daughter's education?
2. Have you asked your ex-wife to account for the use of the funds?
3. Does your wife have any money?
4. Was anyone Co-Trustee with your wife?
Depending upon the answers to these questions, an informed response may be forthcoming.
However, assuming the money was not used for your daughter's educational needs, e.g. tutors, books and supplies for your daughter and that the language of the trust was that limited; then your daughter has a lawsuit against her mother for mis-appropriation of the trust fund.
Collection would be the next issue.
Please feel free to contact me if you have more questions.
Re: my daughters trust fund
I agree with Jonathan on the points he raises. The only thing I want to add is that only your daughter has the right to bring a suit against her mother. Since you're not a beneficiary of the trust, you can't sue your ex wife (unless if you have guardianship of your daughter).
Re: my daughters trust fund
You called and asked a question regarding Guardianship. Your daughter who is going to college and who depends on your financially does not mean you have guardianship over her.
Your daughter is now an adult and as such, unless you petition the court for guardianship, in other words, have the court rule that your daughter is incompetent, you cannot sue on her behalf.
Re: my daughters trust fund
If the funds per the terms of the trust were for your daughter's education only and the trustee diverted them for her own use, YOUR DAUGHTER may have an action for missappropriation and SHE should retain an attorney to discuss this. Good Luck!
Re: my daughters trust fund
If the funds per the terms of the trust were for your daughter's education only and the trustee diverted them for her own use, YOUR DAUGHTER may have an action for missappropriation and SHE should retain an attorney to discuss this. Good Luck!
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