What are my rights as a trust beneficiary?

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What are my rights as a trust beneficiary?

My grandparents set up a trust fund for me when I was a child. It’s main purpose was for my college education but I looked at the Will once and it stated that it could also be used for my welfare and support. It also said that it was under the sole discretion of the trustee. The trustee is my aunt and she doesn’t care for me very much. My grandparents have been dead for over 10 years. I didn’t see anywhere written in the will were I would gain control of the trust at any certain age. I read in the will how much the trust is worth but my aunt refuses to discuss my trust with me. Is there any laws which could give me control of my trust? If not what happens to my trust after my aunt the (trustee) dies? I’m also not sure what state laws I should be looking into for this. I live in AZ, the trustee lives in TN and the Will was made in MA.

Asked on November 22, 2011 under Estate Planning, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the issue. It will make a difference if this was a true trust, a provision within a will or a combination of a will and trust. If the will/trust or testamentary document was created in Massachusetts, then Massachusetts law will apply. If you have turned age 18, then you may be able to take control of your monies and your aunt has a fiduciary responsibility to ensure the monies are there and not wasted. If you need to get your parents involved, now is the time to do so. If not, then contact an attorney and see if you can file a motion in court to essentially allow you to take over that portion of the trust or will.


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