Trust fund advice needed, badly!!

[James56]

What is the name of your state (only U.S. law)? Ohio

Sorry if this is a little longish.

My son, age 17. His mothers father, before he passed on some 15 years or so ago had a trust set up to cover my sons college. At the time it was if I recall $100,000. This has never been an issue until the last couple of years. It is an issue now, read on please.

Ok, for whatever reason my sons mom just hates me, despite the fact we've been divorced many years now. Why she still holds this hatred is anyones guess, cause I certainly have no clue. Anyway, she's turned into her own mom, meaning she's a rage aholic, who has taken to turning that rage toward her son, our son. I should also say she has custody, I see him on weekends. When she has issues with me, she takes them out on our son. There's much more going on, but bottom line is she's lost her son. He no longer respects her, his love for his mom is fastly waning, etc etc etc. Now, he'll soon be 18, and for some time now we've had discussion about him possibly moving into my home after he's legally entitled to get away from his moms clutches. However there's a problem. His mother, has flatly stated that if he EVER decided to move into my home, then his college trust fund is forfeited to her. Is she just blowing some wind? Who knows, but she has our son scared to death she can really do that.

So my question is what can I do? Can my son and I get a copy of this trust and have it reviewed by an attorney to find out what power she actually has to follow through with her threat? If I can find this document, how and where do I start to look?

 

[Dandy Don]

If you know the date of the grandfather's death and the city where the death occurred, you may want to look at the county courthouse probate file to see if there is information in there about how much was set aside for the grandson and who was in charge of doing so.

The main thing you need to do is to contact a local trust attorney to find out what rights your son may have IF he is named as a beneficiary. The Ohio Trust Code requires that beneficiaries must be notified about the trust and an accounting, but it's hard to know from your posting whether your son was named as an actual beneficiary or whether his mother was instructed to hold the money in trust for his behalf.

Her threat is probably an idle one and she is just using that to intimidate him. It is not very likely that a provision like the one she is talking about would be in the trust.

Hope this works out well for your son!!!

DANDY DON IN OKLAHOMA ([email protected])