QUESTION
Can I get an early withdraw from my trust fund and how?
Asked on Jan 10th, 2013 on Estate Planning - California
12 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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Depends on the terms of the trust and the discretion given the Trustee to consider such requests.
Answered on Jul 17th, 2013 at 1:09 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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It depends on the terms of the trust.
Answered on Jul 17th, 2013 at 1:04 AM
That depends entirely on the provisions of the Trust. You should have an estate planning attorney review the documents and advise you.
Answered on Jan 14th, 2013 at 1:53 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Contact the trustee.
Answered on Jan 14th, 2013 at 1:53 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It depends on the terms of the trust. The trustee may have discretion to make a distribution to you. The other option is to petition the Probate Court for court supervision of the Trust in order to make a distribution. The reasons for wanting or needing an early distribution and the amount of money in the trust will be factors the trustee or the court will consider.
Answered on Jan 14th, 2013 at 1:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Someone would need to review the trust and the facts with you. It is generally not an easy thing to do, however. Part of the reason why people tie up funds is that they want you to figure out how to handle financial matters without relying on the trust.
Answered on Jan 14th, 2013 at 1:52 PM
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It is possible but it depends on what the trust says and whether the trustee is willing. A thorough review of your trust is likely necessary.
Answered on Jan 12th, 2013 at 2:56 AM
Probably not. Check the terms of the trust.
Answered on Jan 12th, 2013 at 2:55 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Are you talking about a trust or trust fund? In either case, the written provisions establishing the trust, effective on death of trustor, or trust fund, generally established with a lending institution, will control the terms and method of withdrawal.
Answered on Jan 12th, 2013 at 2:54 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I would have to know what the trust says to answer your question. A trus document sometimes gives the trustee certain discretion with regard to distributions of income and/or principal from the trust so I would need to examine the trust documents to answer the question you pose.
Answered on Jan 12th, 2013 at 2:54 AM
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You may not be able to. It is a question of the trust's provision. You need to have the trust reviewed so someone can advise you accordingly.
Answered on Jan 12th, 2013 at 2:48 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If you currently have no right to a distribution under the terms of the trust document, then you cannot force a distribution. If you have a right to the distribution, then you should ask the trustee. If the trustee fails to do what he or she is supposed to do under the trust, you must go to court to get an order forcing the trustee to make the required distribution.
Answered on Jan 12th, 2013 at 2:47 AM