Saginaw, MI asked in Probate and Estate Planning for Florida

Q: Could I access a trust as the beneficiary without permission of the guardian or releasing guardianship?

Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the funds to me include releasing her guardianship and paying the fee. The papers were written by her guardianship lawyer, whom I would also have to pay. I’m willing to, but I don’t want to pay these fees and I’m hoping I can access the money without doing that. Thank you for any answers, I really appreciate it.

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Without reading the documents you mention, no lawyer can advise you. Hire your own lawyer who can give you a legal opinion after he or she has reviewed the documents.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will need to get a copy of the Trust documents and make sure they get reviewed by a Florida Estate Planning/Probate Attorney if this is in Florida. The documents should be very clear on when you can access the Trust monies and how and for what purposes, it should also address what fees are to be paid from the Trust (trustee, guardian, attorney, accountant, tax preparer, etc.). It is often the case that the trustee has broad powers to hire and pay these various professionals through the Trust monies and assets.

Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: I agreed with my colleagues. Your rights and obligations are rooted in the agreements. You need to have an attorney to tell you what are said in there after reviewing the trust agreement and other related documents.

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