How can I gain control of my assets?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I gain control of my assets?

My mother passed away and left me money in a Trust as well as my 2 siblings. My siblings have the option to control their assets and speak with the financial advisors who are in control of the money and I don’t have that option. My brother is in control of my money. I was told my brother would go to jail if he gave me control. I am not allowed to call the financial advisor that controls my money. I receive a monthly

Asked on July 10, 2018 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Asssuming this what your mother intended--that is, how she set up the trust--then it is legal. There is no law requiring your mother to leave you *anything* at all: it is 100% voluntary on her part to leave you anything. That being the case, she has complete control over *how* she leaves you something--she can put it outisde your control and under the control of your brother.
If you believe that this is NOT how the trust was set up--that is, that he is not following the instructions set out by your mother--you can bring a legal action for what is commonly called an "accounting": to make your brother "account" for what he is doing with your mohter. If he is not, the court has the power to order him to do things differently, or replace him as the person in control of your assets. But if he is following trust instructions, there is no point in bringing a legal action, since, as stated, it is legal to set up a trust this way.
If you want to explore the optionof a legal action, consult with a trusts and estates attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption