What t do if my friend’s uncle has power of attorney over her trust fund but he refuses to talk to her?
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What t do if my friend’s uncle has power of attorney over her trust fund but he refuses to talk to her?
She is 26 years old. She is currently homeless and living in her car. Is there any way she can gain access to part or all of her trust fund.
Asked on July 2, 2013 under Estate Planning, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Ok do you mean that he is the Trustee of her Trust fund? The situation as you describe here seems to be bleak and wholly inappropriate if she has a trust fund available to help her get on her feet. But really all the facts surrounding the situation need to be understood. In any event, the terms of the trust govern what is to be done with the money but he absolutely must talk to her. Otherwise he is breaching his fiduciary duty. So she needs to speak with an attorney. If her situation is as you say then legal aid could probably help her. Have her go and speak with them. Good luck.
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