Can my mother take away money left to me under a trust and money market?

UPDATED: Aug 20, 2011

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: Aug 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my mother take away money left to me under a trust and money market?

My grandfather passed away last 4 months ago and left me a lot of money in his Will in a trust fund that I cannot access until I’m 25 (I’m currently 20). My great grandparents left me a lot of money as well in a MMA account so that I can attend college. My mother is threatening to take it all away and do who knows what with it because she is crazy and apparently hates me. Is it legal for her to do so when this was written in Will?

Asked on August 20, 2011 Georgia


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

Answered 11 years ago | Contributor

I am so sorry for your losses and for the problems that have ensued.  Here is the problem: your Mother is the trustee of the trust, correct?  Then if she has the power to access the trusts she can use them for bad rather than for good.  By that I mean that she I am sure has the power to access them for anything for you legally under the Will and your state laws.  But if she does and then uses the money for things that are not legal your only recourse may be to sue her.  If she has nothing you are out of luck and a lot of attorney's fees.  Now, I mean not to pry but is this just a bad time between you?  Maybe she said some things that she did not men to get your attention?  Try speaking with someone you trust whom your Mother also trusts (maybe an Aunt or other relative) and try and smooth things out.  If you can not and you REALLY think that she will do something then you need to petition the court to remove her as fiduciary (trustee).  You are an adult now. You can act accordingly.  Good luck.   

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