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Trust & distribution of funds?


Inherited trust.
Getting monthly income from inheritance.

But the monthly income recieved is insufficent to help on current problems.

Trust is likely to be spendthrift trust.
Whether it is or not...what are my options.

1. Get with Trustee and convince him of need.
2. Borrow against or sell inheritance if trust not spendthrift or otherwise limited in trust wording.
3. Borrow externally. Using only the monthly income as source to payback loans.

I only actually need upfront 10% of the inheritance..
If I could I would consider selling 90% of the inheritance to get the 10%.

One added detail.
I relize I cant borrow against the trust.
But I believe (unofficially) that I can actually borrow against the monthly income (effectively the same thing)..

Ie; loan that would be based off the income only.

As you've already realized, the wording of the Trust is very important. The intent of the Trustmaker must be honored and so no complete answer can be given without a thorough review of the language. Meeting with the Trustee and explaining how your need conforms to the standard of the Trust is probably your best method. It is unlikely that you can sell or pledge your interest as it appears you are the beneficiary. The Trustee would need to make any transfer or pledge. In some cases a loan can be made to the beneficiary from the Trust assets and you may wish to explore that option. Also, it is not uncommon for there to be a Trust Advisory Committee created in the Trust to allow for approval of these types of requests. If your Trust has a committee then they may have the power to approve distribution and absolve the Trustee of liability. Once again, there are unlimited possibilities with a Trust agreement and you really need to look at the language to see how this plan was drafted.

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