Legal Question in Wills and Trusts in New York
Trust Fund
I am 18 yrs. old, and I inherited a sum of about
$200,000 from my grandfather when he passed
away. My parents put it in a trust fund 2 months
before I turned 18 so that they would have control
of it until I turn 21 yrs. old. My question is, is there
any possible way for me to be able to use any of
that money without my parents consent before I
turn 21?
2 Answers from Attorneys
Re: Trust Fund
What was the authority for the creation of the trust - language in the Will or Court Order? Or did this occur merely by your parents' action? This may determine your rights. If the trust was created under a written document, does the document spell out the circumstances under which funds can be used for you? If oral or per a Court Order, was there any provision for use by you? Did you sign any documents? If your parents acted unilaterally, without following the Will or a Court Order, you may be able to get a Court Order revoking their actions and having the funds turned over to you now that you are an adult. If you would like to discuss this further, you can call me at 973-377-3313 or write me as [email protected].
Re: Trust Fund
Unless the Will specified that your inhertiance was to be placed in a trust fund, I wonder what authority (other than perhaps parental concern) your parents had to transfer the property to a trust fund.
Did you sign any consent or was there a court order?
Any consent you might have given became revocable when you reached the age of 18.