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THE WILL states that Virginia is to get 1/4 of all of the residuary estate which is ($1,760,457.54) Virginia’s share was ($440,114.38) Second Codicil (Article IV 4.1 (c-1) States that the trustee is to provide for reasonable support, apportioning their share of the trust funds so that it will provide them with the standard of living to which they were accustomed prior to my death. However, the trustee, in his sole and unrestricted discretion, shall withhold distribution of trust funds to my son and/or daughter IF, in the opinion of my trustee, the funds are being squandered, wasted, misappropriated, or used to be the detriment of their well-being. On (07/29/2008) Virginia did submit her cost of living $3,009.00 per. month. and was denied. (3) The trustee states that he is approving $2894.00 per. month of the $3,009 However he deducted $1,223.00 she is receiving from social security, leaving a total of $1671.00 per. month for her cost of living CAN HE DO THIS
State/Country relating to Question: Tennessee Already Tried: nothing
If the terms of the trust do not permit for deductions for social security or any other payment that she receives, then she has a good argument for a challenge to the deduction in the payments. She should discuss this with the trustee and see if they can work something out -- however, she may end up in court over it if she is so inclined. GOOD LUCK. Please press the GREEN ACCEPT Button so I will receive credit for my time. Thanks
Lawyer
13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law