Trustee is refusing to provide money from my trust for my maintenance and well being. I am going to lose my home soon, and there are thousands of dollars in my trust.

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Trustee is refusing to provide money from my trust for my maintenance and well being. I am going to lose my home soon, and there are thousands of dollars in my trust.

I live with my mother who lost her job. She has used up all her savings and UC
benefits. I am taking a gap year from college to help with bills so we don’t lose
our home. I asked the Trustee for 3000 out of my trust. She is refusing because
she and my mother do not speak. There is no time for arguments. the terms of hte
trust state the money is for my maintenance and support. I will lose the home I
live in if I dont get the money soon. What are my options?

Asked on November 25, 2017 under Estate Planning, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the Trust has procedures for removal of the trustee and appointment of a successor trustee, those procedures should be followed because the trustee has breached her fiduciary duty to the Trust with that response she sent to your letter.
If the Trust is silent with regard to removal of the trustee and appointment of a successor, then you should petition the court to have the trustee removed and a successor appointed based on the trustee's breach of fiduciary duty.


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