How do Igo about getting the assets of a irrevocable trust of whichI am the beneficiaryreleased to me?

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How do Igo about getting the assets of a irrevocable trust of whichI am the beneficiaryreleased to me?

I have an irrevocable trust that was started for me when I was an infant. Over the years it has collected a great amount. In the trust it is written that I must prove myself “mentally” competent to the state of CA in order to dissolve and be rewarded my assets. I am almost 30 now and have started my own family and I want my assets. How do I prove myself competent? I would ask my trustee but I’m afraid he/the attorney would try to keep me from getting my assets. After all I do pay the trustee for his services.

Asked on September 25, 2011 under Estate Planning, New York

Answers:

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

Answered 11 years ago | Contributor

I think that it i in your best interests here to hire an attorney in California to help present your case to the court.  Surely the fact that you have completed school and started a family and hold down a job are indications that you are a competent adult on some level.  The trust document, however, really should be read in its entirety and in accordance with the case law in California in order to be able to give you an answer here.  The factors that the courts consider are generally carved out on a case by case basis but a pattern tends to emerge. The courts may also require that you have a good reason to invade but if your quest is to dissolve then maybe not. Good luck.


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