If my mother left me money in her Will for my education but I need money now for my 2 kids, how can I get it?

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If my mother left me money in her Will for my education but I need money now for my 2 kids, how can I get it?

The Will says that I may not collect the money unless I am married or finish school, whichever is later. The only other way I can collect is if I turn 35. don’t want to take out all the money, I just need a little bit of it to help with bills and rent.

Asked on May 30, 2012 under Estate Planning, New Jersey

Answers:

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

Answered 9 years ago | Contributor

I think that this must be a trust you speak of correct?  One would need to read the entire document in order to see if there is a loophole that would allow invasion of the trust for other purposes.  Who is the trustee?  Do they have "broad discretion" under the trust?  You would have to ask the court to allow you to have the money and that could be costly in and of itself.  Try going to see a legal aid attorney or call the local bar association and see if they have a free (pro bono) group or will give you a free consultation with ana ttorney to review the document and let you know what you can do.  Good luck.


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