Can you make a withdrawal from a trust account if you are facing eviction?

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Can you make a withdrawal from a trust account if you are facing eviction?

My friend recently became the primary caregiver of his young son whose mother died. During the time of her passing he lost his job and has fallen behind on his rent. The child has a trust fund .

Asked on August 30, 2010 under Estate Planning, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no general answer to this: it depends entirely on the terms of the trust. (Trusts are like contracts, wills, or insurance policies that way; they are governed by their terms.) Your friend should have the trust reviewed by an attorney. The attorney can look at the instruments creating the trust and offer an opinion as to when and how the funds may be used. If there is a trustee  (other than the friend herself) overseeing the fund, she should also contact the trustee and ask him--she's not necessarily bound by his opinion and could try to challenge it if warranted, but starting with the trustee is usually the best way to begin.


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