Requirements of Usage?

What is the name of your state? Pennsylvania

My grandfather left in his will $30,000 to each my sister and I. We have been told that in the will it states that in order to use this money, it must be used for educational purposes and nothing else. My Uncle is the excecutor of the will. My sister has used almost all of it already on her college tuition.
I am asking now for money to complete school but my Uncle refuses, not only that, but last year I moved out on my own and it was suggested that I use some of the money to help me start out. I was able to use $900 for a vehicle and car insurance.
Now my Uncle is saying that he does not trust the money to me, but my father says he just needs proof to show the attorney that it is for educational purposes. I sent my Uncle proof of my school work, and he still refuses.
They've both denied me to see the will. Is there somewhere I can go to pull the will so I can read it myself? Also, what if I decide not to continue my education? Where does it go then? Isn't there usually a certain age that I receive the money either way? I am 18 now and on my own, so use of this money would be very helpful. But moreover, if my uncle is refusing to let me use it for school, I will not be able to pay for college on my own. Because of being able to use the money last year for something that was not considered education, I don't believe either of them when they say I need proof of it's usage.

Thanks,
Sally

If you know the city where your grandfather died, then you would need to contact the county courthouse probate court for that city to look at the probate file (containing the will and other financial documentation) to see how the entire estate was handled, although there may not be any information in there about a trust IF a trust was used to set up this money for you, but you can still read the will to see what it says.

Problem is the definition of educational expenses. You need to ask uncle, politely, what uses he WOULD permit for the use of this money (he might think it means only money for tuition, books, etc.), whereas you might think it means money for living expenses (food), home computer or laptop computer (which would be reasonable if you are using it for schoolwork), etc. Exactly how DO you intend to spend the money? Your father perhaps should have allowed a little more leeway as to what you could spend that money for, but trustee also did you a favor by letting you have the $900 because he could have said no to that (if he wanted to) with justification.

I hope that his refusal is not an indication that he may be stealing money from the trust and doesn't want you or anyone else to find out about it. If the money is in a trust, then you may have certain rights as a beneficiary to request from him a copy of the trust and any related accounting information about it showing how much it is worth or what the balance is.

You also need to ask him what bank is holding the money and who would be handling it in the event that he dies (this is important information that you have a right to know). Ask him if the money is held in a trust and is the uncle trustee of that trust. How much money are we talking about here?

It would also help if you need your tuition paid to get an invoice/bill from your college accounting office to be able to present to uncle for payment.

DANDY DON IN OKLAHOMA ([email protected])

-->Problem is the definition of educational expenses. You need to ask uncle, politely, what uses he WOULD permit for the use of this money (he might think it means only money for tuition, books, etc.), whereas you might think it means money for living expenses (food), home computer or laptop computer (which would be reasonable if you are using it for schoolwork), etc. Exactly how DO you intend to spend the money? Your father perhaps should have allowed a little more leeway as to what you could spend that money for, but trustee also did you a favor by letting you have the $900 because he could have said no to that (if he wanted to) with justification.
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As I stated before, I have sent an invoice of my school's tuition and he refuses to pay it. In addition, when it was brought up that I might be of age to handle it on my own, he said that he had to prove to an attorney that it was being used for educational purposes, otherwise it was impossible to withdraw the money; HOWEVER, last year he sent me some of it, $900, that was used for a vehicle, not education. This is why I do not believe that he has to have proof of it's use, that he's just trying to keep it. Another reason I don't believe him is because I recently found out that originally my grandfather willed his things to his four sons-my three uncles and my father. However at the time, my parents were traveling a lot because of my father's work and my sister and I were young, so my grandfather instead left my father's share to my sister and I incase something happened to my parents, which indicates that the money was NOT necisarily for school. I don't intend on spending the money my grandfather left me for anything except the things I need. I work full time, and I make enough to live on, but not enough to go to college with. This is why I am concerning myself with the money; otherwise, I'd let him keep it.

Thanks,
Sally

The fact that he refuses to pay it is very suspicious. If he is not being mean/spiteful to you, then it could be a serious indication that there is not enough money left in the trust to pay it or perhaps he has stolen from it. A tuition for invoice is 100% justifiable as an education expense and there is no excuse for not paying it. His decision not to pay it could be considered a breach of fiduciary duty and if you wanted to sue to get him removed as trustee and replaced by someone else, you could.

His comment about "he has to prove to an attorney that it is being used for educational purposes" may or may not be true, but all he had to do was take a copy of your invoice to show the attorney. It is just another stalling tactic so he won't have to tell you what is going on with the trust.

You need to be talking to a trust attorney to find out whether Pennsylvania state law gives trust beneficiaries the right to request a copy of the trust and the related accounting statements (showing the value of the trust) by sending the trustee a certified letter.

How much money were you asking for in tuition?

You need to get an attorney to look into this for you, or if you can't afford an attorney, send the certified letter yourself to the trustee--if he doesn't respond, then get an attorney. Something isn't right with the way he is handling this trust.

DANDY DON IN OKLAHOMA ([email protected])

In this case, this tuition(one course) was only $600. I already payed half months ago, thinking he would supply the rest, but the $300 has been left unpaid because of this mess. The problem is that everyone is in different states.
My grandfather lived in Dayton, Ohio, but died in La Grange, Tennessee. I'm not sure where he was when he wrote the will. My uncle lives in South Carolina. Is it still Pennsylvania law that says whether I can see a copy or not, since I am a resident of PA?

Thanks,
Sally

First place to look is where the death actually occurred. Here are some phone numbers you will be interested in:

(1) FAYETTE COUNTY (TENNESSEE)
P. O. BOX 218
SOMERVILLE, TN 38068 COURT CLERK PHONE: (901) 465-5213

Since Dayton, OH is considered to be a part of 2 different counties, you will need to call 2 places if the will is not in Fayette Co. Tennessee:

(2) MONTGOMERY COUNTY PROBATE COURT
451 N. PERRY ST.
DAYTON, OH 45422 FILE ROOM (937) 225-4736

(3) GREENE COUNTY PROBATE COURT
45 N. DETROIT ST.
XENIA, OH 45385 RECORDERS OFFICE (937) 562-5280

You will want to order a copy of the will, plus any page showing the name and address of the estate executor. If you can afford it it would be wise to order a copy of every page in the probate file so you can get a complete understanding of exactly how everything in the estate was handled.

If you want to send me a private e-mail with your grandfather's name and date of death I can do some checking for you. Then, after you find the will, do a follow up posting here after you have found out what state the will was written in so we can then look up whether you are entitled as a beneficiary to request a copy of trust information.

DANDY DON IN OKLAHOMA ([email protected])

Thank you so much for your help. I appreciate it a lot. I will email you soon.

Thanks,
Sally