How canI get money from my grandma’s Will early?

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How canI get money from my grandma’s Will early?

Grandma passed in 2006and her Will states when I’m 30 I start getting money she left for me. However it also says if that if I need some for emergency purposes that I can ask the executor for some money and that he can give it to me at his discretion. The executor is my grandma’s husband and we don’t really talk.  I’m 19 years old and want to go to school and insure my car and stuff. What should I do?

Asked on June 13, 2011 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Executors are bound by the terms of the documents which distribute assets, just as trustees are bound by the terms of the documents which create their trusts. If you feel that an executor or trustee is not honoring those terms, you could sue him, bringing an action in court for a declaratory judgment (a court order "declaring" what the terms of the will, etc. mean) or injunctive relief (an order to do something); you  may also be able  to get a different person appointed to control the money. However, if the will gives  him discretion, this may be difficult--"discretion" means at his judgment, and does not require him to actually accede to your requests. If this is important to you, you should consult with a trusts and estates attorney to see what your rights and options are.


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