Is an executor of an education fund autonomous in deciding if a recipient is worthy?

[LdiJ]

What in the blazes are you trying to say?

The OP asked if the Trustee had the autonomy to decide whether or not a beneficiary was "worthy".

The document is not available for us to read, therefore we cannot determine if the Trustee has that autonomy.

At least that is my interpretation of legalsetgo's seriously garbled and incoherent post. However, to be fair, its possible that English is a second language for legalsetgo.

 

[quincy]

Mike Hertz needs to learn what instructions were given the great aunt on managing and distributing the grandfather's assets to his son.

There can be all sorts of restrictions placed on an heir's access to trust funds. I suspect Mike's son has not met the requirements for distribution - but Mike and his son won't know for sure until they read the trust documents.

 

[LdiJ]

Mike Hertz needs to learn what instructions were given the great aunt on managing and distributing the grandfather's assets to his son.

There can be all sorts of restrictions placed on an heir's access to trust funds. I suspect Mike's son has not met the requirements for distribution - but Mike and his son won't know for sure until they read the trust documents.

I pretty much agree with you but I still have a real problem with the Trustee pulling the plug after the semester already started.

 

[quincy]

I pretty much agree with you but I still have a real problem with the Trustee pulling the plug after the semester already started.

There might have been good reason. The reason will determine whether a legal action is available to take against the executor-aunt.

 

[HRZ]

1. We have yet to establish if there is a trust or trustee much less its terms ...it may be a mere custodian held to a general standard not to put funds to self use etc...and the relevant age of account turn over matters .

 

[quincy]

1. We have yet to establish if there is a trust or trustee much less its terms ...it may be a mere custodian held to a general standard not to put funds to self use etc...and the relevant age of account turn over matters .

We know the great aunt is executor. Mike will need to learn what the great aunt has been directed to do. Until he learns that, we cannot tell him if there is a legal action available for him/his son to pursue.

 

[HRZ]

CA is also a bit of an odd duck as to UTMA which , unless the maker sets it up differently, convey at 18 not 21

 

[quincy]

CA is also a bit of an odd duck as to UTMA which , unless the maker sets it up differently, convey at 18 not 21

We can guess at all sorts of things. I don't see much benefit to that, though. Mike needs to do some research. We cannot do that for him.

 

[HRZ]

WE remain short on details from OP..it's entirely possible grandparent did not set up a trust with clear language as to scope of trustees actions...if grandparent left funds to a minor it's quite possible it went into. Sec 2503(b) trust....and we don't know if the age of majority for whatever the device was is 18 or 21 in that state and as others address, if you drop one course and flunk another the young man might not be a full time student ...so far it's far from clear that trustee has abused anything ...

 

[quincy]

Right. Until Mike learns more, we can be of no help. That has been said.