Q: My grandmother left me a portion of her trust to be given once my mom dies. Can my mom change that?

A: It depends entirely upon the language contained in the trust. Schedule a free consultation so that the trust can be reviewed and the appropriate measures taken.

A: Unfortunately, a lawyer would need to read the language of the specific trust at issue before we know how to advise you. Speaking generally, if money is left in a trust and any LEFTOVER money goes to you, in most instances, the money is your mother's to do with as she pleases (just like any other asset your mom owns.) But it's possible your grandmother's trust said your mother may only spend money in her trust for certain specific things. That's why no lawyer can answer without reading your grandmother's whole trust.

Sometimes people give lawyers just a snippet of a trust and, without the whole trust, the lawyers would be guessing how to interpret the language in the snippet because trust's often define words to have a specific meaning. If the trust defines a term one way and the lawyer uses a general definition that is different from the trust's definition), then the analysis will end in an incorrect opinion. So, there's a method to our madness! We need to see the whole trust. Best wishes.

A: If your grandmother set up an irrevocable trust and named you as a beneficiary, your mother typically cannot change the terms of the trust. However, if the trust is revocable, your mother may have the authority to make changes, depending on the specific provisions laid out by your grandmother. It’s important to know whether the trust is revocable or irrevocable to understand your rights.

As for your mother accessing the funds, it depends on the trust’s terms. If your mother has access to the trust's principal or income, she may be able to spend or use those assets while she’s alive. However, the trust should outline limitations, if any, on her spending to preserve the remaining assets for other beneficiaries, like yourself.

You might want to review the trust document carefully, or consult someone with legal knowledge, to understand its terms and ensure that your rights are protected.