Tampa, FL asked in Education Law for Florida

Q: My MIL designated herself as grantor of my daughters' education account using money from their ggf's trust. Legal?

We are in Florida. My husband's grandfather was and his mother is in California. His mother was the trustee of his grandfather's trust which specified that upon his death each of my daughters should recieve $25,000 to be used toward their education. My MIL took the $25,000 and opened an account with herself as the grantor alongside an account that she and he late husband had opened. My daughter recieved Bright Futures at 100% tuition and will still have thousands of dollars left in the account when she graduates. My MIL says that she plans to transfer the unused money to her other 11 grandchildren. Can my daughter legally take the money before that happens? Can she legally transfer the money to anyone else since the trust specified it was to be used for my daughter?

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It doesn't appear that the trustee can do that, but one would have to read the trust to be sure. Also, since it appears to be a California trust, you might want to ask a California attorney to take a look at the situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.