What is in the best interest of my sons

[dkalathas]

What is the name of your state? MA

My grandmother passed away 4 years ago and left most of her estate in a trust "for the health, education and well being" of my children. She made a lawyer as the trustee. She has given me disbursments based on actual reciepts for various things. My heater let go in my mobile home this week and I do not have the money to replace it nor can I afford any more debt. She refuses to pay for the heater, with her argument being that it will upgrade my dwelling in the event I'm to sell it. I say that heat is a necessity and is in the best interest of my children. I also believe the trust is intened as a "support" trust as I am a single parent as was my Grandmother. What rights/recourse do I have as my children's gaurdian?

 

[Dandy Don]

How much in total have you gotten from the trust already, and please provide examples of individual amounts you have received and what the money was spent for.

"Health, education and well being" is open for interpretation, but trustee has complete discretion on making the decision. It is primarily meant to be kept in reserve for the future in case the children go to college to help pay for college expenses, or for their medical expenditures.

Your interpretation of a heater for well-being sounds logical to you but is somewhat unallowable because trustee feels it is an expense that will benefit you since it is an addition to your home. You need to limit your requests to things for the specific benefit of the children if you intend to keep recieiving payouts from the trust.

Figure out another way to pay for the heater without using trust money or you will be jeopardizing your relationship with the trustee.

DANDY DON IN OKLAHOMA ([email protected])

 

[dkalathas]

Authority to Remove Trustee

The "relationship" is and has been parental duty "judge and jury" According to an article I just read, "A growing number of states are legislating the power to remove a trustee and appoint an alternative on behalf of all beneficiaries. Does anyone know if this a Mass legislation?

 

[BlondiePB]

The well-being of children includes a home that is properly heated. Petition the court for permission to have funds released from the trustee for a new heater and its installation. Include the cost of the heater by bringing paperwork for the cost (obtained from a licensed and insured contractor that will install it). Bring court order to the trustee.

 

[dkalathas]

Probate Court Confusion

I have read and sincerely appreciated the replies as to What is in the best interest of my sons. I've called my local probate court and was told that there was nothing they could do as the trust is not registered with them. I also spoke to the original attorney who whote the trust and he said that I could not petition the probate court as "I would drowned in the sea" since I don't have the same training as an attorney. How do I go about petioning a court and challenging the trustee's decision. Can I petition in probate or should I go to civil or small claims court. I never realized how difficult information would be in this grey area of "well-being" of the beneficiaries.

 

[seniorjudge]

I have read and sincerely appreciated the replies as to What is in the best interest of my sons. I've called my local probate court and was told that there was nothing they could do as the trust is not registered with them. I also spoke to the original attorney who whote the trust and he said that I could not petition the probate court as "I would drowned in the sea" since I don't have the same training as an attorney. How do I go about petioning a court and challenging the trustee's decision. Can I petition in probate or should I go to civil or small claims court. I never realized how difficult information would be in this grey area of "well-being" of the beneficiaries.

Q: How do I go about petioning a court and challenging the trustee's decision.

A: Hire a lawyer. If the trustee is breaching his/her/its fiduciary duty and a court so finds, the court may very well award you attorney's fees.

Ask these folks for a pro bono (free or cheap) lawyer:

MASSACHUSETTS LAW REFORM INSTITUTE
99 Chauncy Street
Boston Massachusetts 02111-1722
Tel: 617 - 357 - 0700

 

[dkalathas]

Trustee Resignation

One other questions: During the trustee's and my dispute over the heater funds, she threatened to resign multiple times. Her successor is also an associate at her law office. There is not another successor mentioned. Can she assign a new successor (as she also threatened to do) and what input (if any) would my boys and I have as to who the successor trustee would be if it went to probate?

Thank you all again for your replies as I feel less alone in a situation that feels like some stranger is in control of our lives and clearly has the advantage.

 

[seniorjudge]

One other questions: During the trustee's and my dispute over the heater funds, she threatened to resign multiple times. Her successor is also an associate at her law office. There is not another successor mentioned. Can she assign a new successor (as she also threatened to do) and what input (if any) would my boys and I have as to who the successor trustee would be if it went to probate?

Thank you all again for your replies as I feel less alone in a situation that feels like some stranger is in control of our lives and clearly has the advantage.

What does the trust say about that question?

 

[dkalathas]

My Grandmother was an interesting woman. If you upset her in any way shape or form, you were wiped off and put on the "naughty list. She originally started w/ an attorney as trustee and I was the successor, next amendmant was another attorney as trustee and I as the successor and the last amendment was the current trustee and her associate as the successor. There are no more provisions.