Legal Question in Wills and Trusts in Minnesota

Re: Mother taking over my trust from my grandmother without my permission

There has to be a lot more detail to your situation than your question includes. I can't really tell, but it sounds as if you are talking about accounts that are in your grandfather's name with a payable on death provision naming you. If that is the case, the money belongs at this time to your grandfather, who can ask your mother's help in managing it if he wants to. He can also spend all of any part of it that he wants; because a pay upon death provision only means that whatever is left upon the person's death goes to the named beneficiary.

If the money is actually in your name now, there's a whole other set of issues. The first is who is taking care of filing the estate tax returns - because an estate that big is going to pay some taxes to the federal government.

Get copies of the statements for each account. Go to the banker and ask them exactly what the terminology means. I think you will find the answer to be that it's not your money and you have no claim to it, not until there's another death in the family.

You use the term "trust," but what you describe doesn't sound much like a trust. If it's a trust - get a copy of the trust agreement and bring it to a lawyer - whatever he or she wants for the consultation is worth it.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship.

Re: Mother taking over my trust from my grandmother without my permission

Assets may be held in a variety of ways. Any account that has you as a beneficiary or is payable on death to you is yours, usually on presenting a death certificate to whomever is holding the asset. If these are accounts that are held jointly with all names on the accounts, the accounts SHOULD be split up between all of the parties. If there is a trust, there generally is a trust agreement with a trustee, and the terms of the trust are to be followed by the trustee. Within the trust agreement there may be trust provisions for a spouse, for children and for grandchildren, and these provisions often state who gets paid what and

when. You need to see the trust agreement if there is one. Also, did

your grandmother have a will?

Are your two sisters adults? How do they feel about your mother handling these accounts for them. If the money was meant for you, your mother does not have a right to control it unless there are specific provisions in a trust or will.