Legal Question in Wills and Trusts in North Carolina

I just found out that I am a beneficiary to an educational trust after I have already graduated from a reputable online private institution, but the stipulations of the educational trust (created by the trustee--an attorney for the estate) state that I must have attended an in-state level 3 college. The cost is relatively the same. My question is what can I do to receive the benefits that were named to me in light of my circumstances?


Asked on 7/23/14, 3:45 pm

1 Answer from Attorneys

I don't understand how this is even possible. Why did you not know about this before you went to school? Or did the person who created the trust just die now?

Your starting point is the language of the trust. The trust may or may not create any rights of inheritance in you. If the trust was properly drafted by a lawyer it should say what will happen to the funds if they are not used for an educational purpose.

For example, when I do trusts, maybe grandparents for grandchildren, we set up the trust so the college education can be funded. But not every child is college material. In such case, we plan for that too by creating language that says if beneficiary does not go to college then he/she does not get the money until he/she turns 30 or whatever. But there has to be a final disposition of the money. You need to read what the trust says. it may say that any unused funds are distributed as per the residue of the estate and if it says that then you need to go back and see who the beneficiaries of the residue clause were. Or it may be that the trust funds are there for all grandchildren who go to college and even if its too late for you, you get nothing, but the funds are there for others.

So you have to read the trust. It sounds like you are not entitled to any of the funds because you did not meet the trust requirements but you still have to read what happens in the event that you don't.

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Answered on 7/24/14, 12:32 am


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