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Possible to dissolve a trust? Help-please!

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Is it possible to dissolve a trust when a deceaseds wishes cannot be fulfilled? My son is 25-his father died last month-monies in trust were to pay-off 110k mortgage on deceaseds home so his live-in could live there till she died, married, or divested herself of its interest--Not enough $$$ in trust to do this--appears at this time house will probably be sold--as it stands now there is about 35-40k in the trust from an IRA that trust was beneficiary of--Since there is so little in the trust would the court consider dissolving it now rather than when my son turns 40 as was stated in the trust and if so, how does he go about it---There are 2 other people involved in the trust-the girlfriend, and the deceaseds mother along with my son--every year the formula of the trust was to be 8% of total amount to be divided as follows: 5% of the 8% to trustee, 50% of the remainder of that figure to my son, 25% to deceaseds mother, 25% to deceaseds girlfriend--the trustee is the deceaseds cousin who does not care for my son, the deceaseds mother has had to contact with my son in 15 years--my son has always had a relationship with his father--His fathers side has never accepted him since he was adopted when he was an infant--dumb people obviously--I believe the girlfriend is praying on my son's volnerability at this time due to his father's unexpected death--such as putting the idea in his head that he should pay off the house with his insurance proceeds--He needs some good advice fast--as I do not believe he could benefit from doing that.
 


A

advisor10

Guest
OCT. 6, 2001

DEAR RECYCBRIDE:

Your son's situation is so complicated that he/or you really do need to consult with a LOCAL attorney in your area to figure out the best strategy to take. With an estate this large you need the benefit of professional advice--surely you or your son could afford this. The longer you wait, the more critical the situation gets, and your son could be adversely affected if he doesn't act soon, within the next few months.

Also go to the library and check out 1-2 books about trusts, and you will educate yourself about the grounds for removal of an executrix and discover other information that could be beneficial in understanding and resolving your situation.

SINCERELY,

[email protected]
 

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