QUESTION
Probate and trust fund
Asked on Oct 08th, 2019 on Guardianship and Conservatorship - Hawaii
More details to this question:
My son wants to know if he can have access to his trust fund. He has made 18 yrs. old. He had a guardian because he was a minor at the time. His guardian at the time was my sister in law . She does not want to give my son any information to the trust and had said his to his money and went to the mainland and he doesn’t no where. It sounds like she not a honest guardian to be responsible for his trust fund. He needs access so he can pay for monthly bills now that he no longer lives with her. If not he will be under hardship situation and could end up becoming homeless. I
1 ANSWER
2 Awards
State law and the language of the trust instrument determine what information a trustee must share when and under what circumstances a trustee must or may make a distribution. Your son has absolutely no right under the laws of any state to "access his trust fund." The money belongs to the trust, not to him. He may request a distribution but the trustee may not be obligated to make one. This confusion of the trust's money, and the trustee's right and obligation to control it, with the beneficiary's money is all too common.
Answered on Oct 09th, 2019 at 7:24 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.