Asked in Juvenile Law and Probate for California

Q: I am a minor inheriting money from a deceased great-grandparent as stated in the will. Can I access it emancipated?

My great grandfather left me money in his Will. I a 16 years old. I would like to access it as soon as possible so I can begin college, however the law says I can´t touch it til 21, and my grandfather can choose how much I get and when I get it when I´m 18. My question is, however, if I get emancipated can my grandfather choose to give me money, despite not being an adult by age? He lives in Illinois, my Great Grandfather in Hawaii before he passed. I would desperately like to start college, and it is going to be ever so much more difficult without it.

Thanks!

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: An attorney would have to review the terms of the will; but do you mean trust? A court would probably require that the funds be held for you by a custodian or guardian until the age specified in the will or trust. It's the decedent's intent that must be determined. Is there a clause allowing for the use of the funds for your education? You may not get the funds even if you were an emancipated minor.

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