I have terminal cancer. Is there any way to gain early access to the money in a trust?

Martis asked...

I have terminal cancer. Is there any way to gain early access to the money in a trust? I have a trust from my grandparents that was valued at $50,000 in 1995. I receive interest from the trust each year, this year almost $2,000. I am not to get the full amount of money until I am 35. I am 28 and have been diagnosed with terminal cancer and have recently been given two months to live. I asked my uncle (the executor) for my money as I will not live to 35. He gave me $5,000 and said it was for my burial. What can I do? I live in North Carolina.

Expert Answer

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Your potential right to receive trust money early depends on the exact wording of the trust defining your interest and your uncle's discretion to dole out the trust money.

Given the complex possibilities, and the added reality that it is a wise idea to have an advocate in your corner just now, it might be best for you to contact an experienced estate planning attorney. That person should be able to eyeball the trust, inform you about possibilities, and ideally suggest creative legal alternatives.

You might best begin your search for an experienced and affordable lawyer through the North Carolina State Bar Association.