ammending the trust instrument

[gregory]

hi. I have a irrevocable trust set up by my mother. th trust was handed over to the courts in fla. from Comerica. the courts appointed Care Source. without my knowledge , they removed all the discretionary points of the trustee to help me with purchase of home,or all the payments at certain ages etc. now it is just a payment per month until exhausted. I feel that the money is not serving the wishes of my mother as per the original trust instrument. can I have these wishes re established. such as ,,when the trust reaches a certain amount it is to be distributed to the beneficiary. I need help.

thanks so much,
robert cole

 

[lwpat]

Only a Florida trust attorney can answer your question after reviewing the trust instrument and court file. I don't understand why you were not notified it was in court?

 

[gregory]

ammending trust

I knew it was in court. it was in court to release comerica and appoint a sucessor trustee. instead of moving the trust in its original state,they stripped it down of all discretionary payments,as in the original,they set a monthly payment until the trust is exhausted. yet they have made some discretionary payments for some things medical,and a couple of miscellaneous. isn't this some kind of breech. can they pick and choose ,or do they have to go by the court order.
anyway, the money has become a small amount and I feel it's not as helpful or able to live out the original wishes of the trust. an original article of the trust states for it to be dissolved if it reaches a certain level or if it no longer serves for the benefit of the beneficiary. I was told by attorneys that it would be hard to dissolve the trust but perhaps it could be ammended to include original wishes of the trust.

 

[lwpat]

If it is a small amount of money it probalby is not worth the time and attorney fees to try and get it changed. You had your shot at the hearing.