Can a conservator stop my daughter fromrecieving her trust funds now that she is of age?

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Can a conservator stop my daughter fromrecieving her trust funds now that she is of age?

My daughter was hit by car when she was 7. In the settlement we set it up that at age 25 she could receive all her funds. At age 18 the probate judge closed her case. I had my daughter’s money put in a special needs trust. My daughter is aware of the fact that she is supposed to get her money at 25 years which was last week. I contacted conservator and she is disputing this and says she going to petition the court. We also believe that this lawyer has continued to take conservator fees out even after the court closed the case when daughter turned 18?

Asked on July 22, 2011 Michigan

Answers:

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

Answered 10 years ago | Contributor

I am unclear about what you mean that the court  "closed the case" when she was 18.  Once a matter is settled and the money placed in an account for the benefit of the  minor child the work of the court is completed. However, a conservator or trustee of the funds can continue to take fees if he actively administers to the trust.  If you believe that your daughter can indeed handle the funds on her own then you can petition the court to dissolve the trust formally as it already has by its terms alone (her reaching 25).  What I am gathering here is that the trustee does not believe that she is capable of doing so and is going to petition the court to continue the trust.  He ca, but it does not mean that he wil win.  Get legal help here.  Good luck.


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