Enforcing A Trust Provision To Pay For College

[NYPD2007]

A deceased mother left money in her will to provide for her only grandaughter's college education, with payment to be made without the intervention of a guardian, as the only stipulation. Unfortunately the father stepped in to the scene and the executor will not release any money. Advice, please...

[aaron]

Can you explain that better, and identify the state?

[NYPD2007]

Can you explain that better, and identify the state?

The granddaughter has graduated from college and did submit receipts for college expenses, but the executor has not released the funds. The father has since interceded also asking for the funds on behalf of the child. The father interceded after age 21 of the child. The executor now is asking the court to redirect the monies back to the state since the father got involved and the will said without intervention of guardian. Thanks...

[lwpat]

Who paid for the expenses?

[seniorjudge]

The granddaughter has graduated from college and did submit receipts for college expenses, but the executor has not released the funds. The father has since interceded also asking for the funds on behalf of the child. The father interceded after age 21 of the child. The executor now is asking the court to redirect the monies back to the state since the father got involved and the will said without intervention of guardian. Thanks...

If you want help, stop talking in cryptograms.

What do you mean "interceded"?

Was a trust fund set up in the will?

What's going on here?

Who are you in all this?

[NYPD2007]

funds paid for by granddaughter and by granddaughter's parents. Have receipts for proof (and diploma).

Interceded - wrote a letter asking for reimbursement to include copies of receipts, cancelled checks, etc.

Trust fund - money was given to Trustee named in will to hold, manage, invest, and re-invest, etc. "in the sole discretion of said Trustee as may be necessary for payment of school expenses" and payment shall be made "without the intervention of guardian".

Who am I in this?" the other parent.

Sorry, I kept typing executor before when I meant to type the "trustee" would not release payment. Didn't realize I was talking crypto...just trying to keep it simple and to the point.

Thanks for advice and help!

[seniorjudge]

Grandma left money in a trust for her grand-daughter to go to college and the trustee was given complete discretion to pay or not to pay for the kid's college expenses.

The kid went to college.

The trustee doesn't want to pay the expenses.




Am I getting close?

Some people don't have as much patience as I do.

Tell us from the get-go what is happening.

I am about to lose my patience....

[NYPD2007]

There ya go! YOu said it better than I did. :O) Trustee doesn't want to pay because parent got involved. Trustee and parent "dislike" each other. Dislike being a gentle word.

Will states exactly: "Should granddaughter not attend college, I direct that the monies shall fall into the residue of estate. I direct that monies for education shall be made without intervention of a guardian, and the recipt of such persons as may be selected by my trustee to disburse said payments shall be sufficient acquittance".

[seniorjudge]

Kid needs to sue trustee.

[colourfastt]

There ya go! YOu said it better than I did. :O) Trustee doesn't want to pay because parent got involved. Trustee and parent "dislike" each other. Dislike being a gentle word.

Will states exactly: "Should granddaughter not attend college, I direct that the monies shall fall into the residue of estate. I direct that monies for education shall be made without intervention of a guardian, and the recipt of such persons as may be selected by my trustee to disburse said payments shall be sufficient acquittance".

In this case "guardian" means a legal tutor. Once the child reached 18, then her father ceased being her "guardian" and therefore did not intervene. As seniorjudge stated: sue!!