Can my mother take away money left to me under a trust and money market?

My grandfather passed away last 4 months ago and left me a lot of money in his Will in a trust fund that I cannot access until I’m 25 (I’m currently 20). My great grandparents left me a lot of money as well in a MMA account so that I can attend college. My mother is threatening to take it all away and do who knows what with it because she is crazy and apparently hates me. Is it legal for her to do so when this was written in Will?

Asked on August 20, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your losses and for the problems that have ensued.  Here is the problem: your Mother is the trustee of the trust, correct?  Then if she has the power to access the trusts she can use them for bad rather than for good.  By that I mean that she I am sure has the power to access them for anything for you legally under the Will and your state laws.  But if she does and then uses the money for things that are not legal your only recourse may be to sue her.  If she has nothing you are out of luck and a lot of attorney's fees.  Now, I mean not to pry but is this just a bad time between you?  Maybe she said some things that she did not men to get your attention?  Try speaking with someone you trust whom your Mother also trusts (maybe an Aunt or other relative) and try and smooth things out.  If you can not and you REALLY think that she will do something then you need to petition the court to remove her as fiduciary (trustee).  You are an adult now. You can act accordingly.  Good luck.   


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