My son has a college fund given to him by his grandfather, who has since died. I believe the trustee is my son's father. He is threatening to withhold the trust if my son doesn't go to the college of his choice. Can he do that? Isn't it legally my sons money? My son will be 18 in January. Would I have to sue him to get the funds released?
Unfortunately, without being able to actually see the document that created the fund in question, it's not possible for anyone to be able to tell you whether the trustee has the right to withhold distributions. Too much depends on exactly how the fund is set up and what the controlling terms are. For example, if the money was really just a Georgia Uniform Gifts to Minors (or Uniform Trusts for Minors) custodial account that your son's grandfather set up with your son's father as the custodian, then your son's father may effectively have the right to control whether your son can receive or use the funds until your son turns 21. If the money was put into a Section 529 Plan account for your son's benefit, with his father as the owner of the account, then he may also have the right to determine whether a distribution comes out of the account no matter how old your son is. But, if the money was set up in a trust created by the grandfather during his lifetime or under his Will, then the terms of the Will or trust document may (or may not) give your son more rights to force his father, as Trustee, to make a distribution even if the father does not agree with his choice of school.
Your son can consult an attorney. The attorney can help him demand more information from his father about exactly how the fund is set up, figure out what rights he may have, and, if needed and possible, work to try to get the father to make the distribution or resign so that another trustee can step in. But in this kind of forum, it will not be possible for anyone to be able to tell him what his options are. (Please also note: if your son is 18, you likely can't sue the trustee for him- he will need to do it himself. However, you can certainly help him with finding and working with an attorney.)
Best wishes to you and your son.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.